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^ 




TEANSACTIONS 



OF TUP. 



NATIONAL ASSOCIATION 



FOR TriF. 



PROMOTION OF SOCIAL SCIENCE. 



TRANSACTIONS 



OP THE 



NATIONAL ASSOCIATION ^, 



FOU Tits 




;. ./riV' 



PKOMOTION OF SOCIAL SCIENCE. 



LEEDS MEETING, 1871. 



EDITKI) IlY 



EDWIN PEAKS, LL.B., 

GCXERAL SKCRETARV OF THE AISOCrATIOX. 



LONDOK: 

Longmans, green, ]{eai)ei{, & dyeh. 

1872. 



\ 






^MBRARY ^ 



;9.^(p3irjt 



LONDON : 

PRl.NTKD BY IIKAI), IIOLK St CO., FABBINODON 8TKRET, AXD 

PATBONOSTRR ROW, B.C. 



CONTENTS. 



vxaz 

Introduction . xxiz 

Opening AddreM. The Right Hon. Sir John 8. Paki.ngto.v, Dart., M.P., 

Add! ----...-.- 

COU] 

Address on Education. Edw^bd Brines, H-f? « »*.' 
Address on Publio Healtli. Georqe OoDWix,^tIL&» . 



ress on Juriiprudence and Xia^nf\iKi«MAf^io^Mr. W. Feuxox Hak 
COURT, Q.C., M.P. . «' "1.-. . t*"***^.^ ; '.• . 



Address on Economy and Trade. ^ Wiluam N^wmabch, F.K.S. . 
Address from the Council. George Woodvatt Hastings . 






22 

70 

96 

109 

134 



SELECT PAPERS, NOTICES OF PAPERS, 

DISCUSSIONS, ETC. 

I.— JURISPRUDENCE AND AMENDMENT OF THE 

LAW. 

MuNicit>AL Law Section. 

Legal Education. 

What steps ought to be taken to establish a better systoin of Lc^pxl Education ? 

W. A. JivoNs. TnoMAs Marshall 151 

Discussion 1^^ 

The Laws relating to Land, 

What alterations are expedient in the law relating to the Devolution and 
Transfer of Land ? Arthur HoonouiiE, Q.C. Mr. Si:rje4XT Cox. W. 

• Stkes Ward. Jacob Waley 173 

Discussion 106 

Constitution of Local Courts. 

What is the best Constitution of Local Courts, and what should be tlieir 

Jurisdiction? W. T. S. Daniel, Q.C. 0. W. Rvall8, LL.1). . • 20S 
Discussion *'231 



vi ConteiiU. 

JiUerHutUfHol ArOiiratiM. 

On the \Va»hington Treatj, and iU influence oo International Arbitntion. 

Prf)f««or Leosk Leti, P.8.A. 237 

Keport of the Special Committee appointed to inquire "Whether eomo 

Genfral Scheme of International Arbitration or Conciliation cannot ho 

ueef ull J n com mended for adoption?" 289 

Scheme for an International PeAoe Organization, to be promoted bja FestiT&l 

of Nation! »fter the model of the Olympic Gmnef. 0. Christtav Mast 2H 



On the Amendment of the I«w of Procedure. H. P. Jexckix . . . 245 

Grand Juries and the Pleas of Criminals. Joiiv Liscellzs . . 250 
On the requirements of Unanimity in Juries. Bobkkt BvtJOin . 253 
The liacao Slare Trade. F. W. Cnissoir 2^3 

BBPRKsaiai or Ceihb Sictiom. 

Address on Repression of Crime. Lord Teionmoutu .... 258 

The CMviar tiystan. 

How far ought the Cellular System of Imprisonment to be adopted^ and 
how far does it necessarily interfere with Productive Labour? William 
Tallack. Hcv. Jonx Field 264 

Discussion 277 

Secondary Jhmiihmtnt, 

By what principles ought the amount of Punishment, other than Capital, to 

be regulated ? Mr. Serjeant Pulling. T. B. Ll. Baker . . . 284 
Discussion 287 

TVading in StoUn Property* 

By what Measures may the Trading in Stolen PropeHy, whether by par- 
chasing it, or receiving it in pledge, be most effectually prevented ? ' 
Edwin Hill. Georok Attekborough 205 

Discussion 309 

Prevention <^ (Mme» 

Some practical suggestions at to the best means of preventing Crime in 

England and Wales. Bev. T. B. W^ltoit Pearson .... 315 

On a more efficient system of punishments with a view to the Bepression of 

Crime. J. H. !Balfovr Browne . . , ' . . ' , . . $1G 



I'. . ■ , I 



CantenU, vii 

PAGK 

Some Bemuiu on the International Congress for 1872. Bight Hon. Sir 

Waltsr Oaonoif , 0.B 317 

Aneodment of the Law relating to the Proteotion of Animals, Jon5 Colam 322 

MisoellaneouB, 

Baitriotions upon Imprisonment under summary Jurisdiction for minor and 

first offences. Ser. W. C. Osborxb 332 

gsoukr Instruction in Prisons and Unions. Ber. W. 0. Osborve . . 333 
Certified Industrial Schools and their Belation to the School Boards. Miss 

HaBT CARrE5TCB 334 



II.— EDUCATION. 

Education of Neglected Children, 

How may the Education of Neglected Children be best provided for ? The 
question considered in regard to Industrial Schools and Iheir relation 
to the School Boards. Miss Mart Carfxkter 335 

Dmraion * . . 337 

Hov ID&7 the Education of Neglected Children be best provided for ? Deal- 
ing with the second point in the special question — In what form, if any, 
rnaj Compulsion be best applied ? Bct. Bkooke Laubkrt. Ect. A. 
W. WoRTHixGToy 342 

Discussion 353 

Large Schools v. Small ScJiods, 

\^Iiat are the Advantages and Disadvantages of Largo as compared with 

SnuJl Schools? Eev. J. 11. Kigo, D.D :Jo4 

Discussion 363 

Educaiion of Girls, 

>Vliat are the Special Bequirements for the Improvement of the Education 

of Girls? Mrs. Grey. Miss Mart Qurxey 366 

Difeussion 300 

The Work of Universities, 

On the work of t^e Universities in Higher Education. James Stuart . . r>72 
Subjects of Examination for College Scholarships and Fellowships at Oxford 
and Cambridge. Jamks Heywooo, F.B.S 376 



Education in India. 

Education of the Masses in India uTO 

Female Education in India . . . . . • 38 < 



viii Contents. . 

PAGE 

Science Teaching. 

On the Teaching of Social Science in Elementary Schools. Wiutkly Ck>0Ki 

Taylor 384 

On the teaching of Elementary Science as a part of the earliest instruction of 

Children. Josepu PAY^s 3^ 



III.— HEALTH. 

lioiwval and Utilization of Sewage, 

What are the bent and most Economical Methods of Removing and 
Utilizing the Sowago.of largo Towns? Ciiristopheii Bawsox. Robert 
Elliott, M.D. W. T. McGowex. Robert Symington . . . 408 

Di-cussion 412 

Sanitarf/ Improvetnent of Dwellinffa, 

On certain important points in the Sanitary Construction of Villaget. 

n. W. D. Acland, M.D., F.R.S 418 

What are the best means of securing the Sanitary Improrement of Human 

Habitations ? P. H. Holland 4:!:) 

Discussion 42G 



Health of Operatives, 

Wlint are the best means of promoting the Health of Operatires in Factories 

and Workshops ? J. H. Stallahd, M.B 4:)2 

Discussion 4^ 

On the Factory Acts. G. H. L. Rickauus 438 

Discussion 443 



On the modes of dealing with Outbreaks of Pestilent Ferers sanctioned by 

the Health Authorities of Merthyr Tydfil. T. J. Dyke . . .444 

Excrcmental Pollution a cause of Disease, with Hints as to Remedial Mea- 
sures. Ain)REW Febguh, M.D 450 

The Sanitary Laws, 

Report of the Joint Committee of the British Medical and Social Science 
Associations on State Medicine, on the Report of the Royal Sanitary 
Commission 459 

On Sanitary Law Reform. Joiix Lascslles . . . . . . 462 



On t he Progressire Physical Degeneracy of Race in the Town PopukitaaDt of 

Great Britain. IIk.nky W. Rumsey, M.D 466 



Contents, ix 

PAGE 

On tke Diseaaes Prevalent amoniC Potton. J. T. Arlidob, F.R.C.P. . . 472 
A Cheap Mode of Prerentmg Waste of Water when oontiDuouftly supplied. 

P. H. HOLLAHD 480 

IheSsnitary ImproTement of Leeds. M. K. Bobixsok, M.D. . . 486 

On the Sanitary and Economical Adrantagea of Smooth and Imperincablo 

StreH Surfacoa. Eowix Ciuowick, C.B 489 

Miacellaneowt, 

The Ssnitarj Conttruotion of Schools. Eowih Ciiauwicic, C.B. . . 501 

Cottage Homes. W. G. Habbbshox 502 

On the Bealifiition at Home of any required Climate for the liOcoTcry of 

InTalids. J. D. HouRiiON 503 

On the Ventilation of Ships and Sowers. JosErii Sbatox, M.D. . 503 

On the Purification of Waters and Sewage by Spongy Iron. Professor liisciior 504 

On Sulphate of Iron as a Disinfectant. J. Moffatt, M.D 504 

AtrooipUeric Poisoning of Houses by Arsenical Wall Corerings . . 500 
Filtered Water, Shower, or Swimming Baths, to be placed on River?. 

CnARLBS Slagg, C.E 500 

On the Action of Heat on Protoplasmic Life dried an in Cotton Fabrics. 

P. Geacb Caltibt, F.B.S 500 

IV.— ECONOMY AND TRADE. 

The Lit^nsing Laws, 

What Amendments are needed in the Existing Laws for tbo Licensing uf 
Houses for the Sale of Intoxicating Liquors ? 
Papers on the Question, dealing mainly with the Licensing Authority. 

Mr. Aldkrmax Tatuau. H. C. Greenwood 507 

Difcossion 500 

Papers dealing with Topics other than tbo Questions of the Licensing 
Authority. Sam I'Eb ^otueroill. E. K. Foudii.vm. Rev. Dawso.v 

Burns. Ber. Hugh Sxytu 517 

Difcuasion 520 

Dwellings for i/te Lower Claj<ses. 

m 

h it Desirable that the State, or Municipality, should assist in proriding Im- 
prored Dwellings for the Lower Classes, and, if so, to what extent, and 
in what way? James Hole. T. B. Smithies. J. Buuham Saffoud 5J.'i 

Disruseion 5.'U 

Loc<il Taxation. 

What principlei ought to regulate the Assessment and Administration of 
Local Taxation ? E. K. Fohuham. J. Blrham Saffokh . . . .^oO 



X Contents. 

PAGR 

Ducuasion , , 5S8 

Pavpfrism and the Poor Laws, 

On Poor Lbw Out-RelUf . Sir BAtDirtif LcioutON^ 'Bhrt. ; ; . . .540 

The Migration of Paupers. E. Herbert Draper 547 

The Influence of the Poor Law on tba Deterioration of Labour. Alsagbr H. 

Hill 548 

Suggestions for the Suppression of Vagrancj. George Hurst, F.S.S. . . 550 
On some of the principal Causes of Porerty and Pauperism In Engkncl, and 

the needful Remedies. Francis Boult 551 

Contagious Diseases* Aots^ 

On the Contagious Diseases' Acts. Jonv Armstrong 553 

On the Contagious Diseases* Acts. H. N. Mozley 500 

Arc Strikes necessary for the Protection of Workman, or Lock-outs for that 

of Employers? Frederic Hill . . . . . ' ; • . . 566 

Landlords and Labourers. Sir Baldwyn Leiqiiton, Bert 572 

On the Law of Weights and Measures in its BeUtion to the Introduction 

of the Metric System. Professor Leone Levi, F.S. A. .... 578 

Co-operation --its progress and present condition. John Holmes . . 581 

MisceUaneous. 

The United Kingdom and Spain. Senor Don Arturo de Marco artu . . 587 

Taxation with reference to the Xatioral Debt. Colonifl Oldfield . . 588 

On the Question of Free Trade in relation to Taxes. . Thomas Briggs . . 589 

Uniyersal Free Trade, — the first condition of Peace. J. F. Bottom let . 589 
Some of tlie Evils arising from the present Training and Social Position of 

Women, and their Remedies. Mies March Phillips .... 590 
British Workmin Public Houses, or Publift IIou'cs without the Drinlc. MrJ. 

Hind Smith 591 

CofiPee Houses v. Gin Palaces. Miss i . B. Le Geyt 591 

The growing importance of Working Men's Clubs and Institutes. Rev. 

Henry Solly 592 

The Leeds Benevolent and Strangers' Friend Society. J. Myers Gardner . 592 

The Leeds Social Improvement Society. James Holrotd .... 593 



Xi 



FORMER PRESIDENTS, 



BIRMINGHAM, 1857. 

Presidint. 
The Right Hon. Lord Bbouqham. 

Presidents of Departments, 
I. The Right Hon. Lokd John Russell, M.P. 
IL The Right Hon. Sie ^ohn S. Pakinqton, Bart., M.P. 

m. The Right Hon. and Right Rev. Lord Bishop op Lokixin. 

17. Thb Rigbt Hon. Lord Stanlbt, M.P. 

y. Sir Benjamin Collins Brodie, Bart., M.D., F.R.S. 



LIVERPOOL, 1858. 

President, 
The Right Hon. Lord John Russell, M.P. 

Presidents of Departments, 
I. The Right Hon. the Lord Chancellor op Ireland. 
11. The Right Hon. William Cowper, M.P. 

III. The Right Hon. the Earl op Carlisle, K.G. 

IV. The Right Hon. the Earl of Shaftesbury, K.G. 
7. The Right Hon. Sir James Stephen, K.C.B. 



BRADFORD, 1859. 

President, 
The Right Hon. the Earl op Shaptesburt. 

Presidents of Departments. 

I. Vice-Chancellor Sir W. Page Wood. 

II. The Right Hon. C. B. Adderlet, M.P. 

Iir. Richard Monckton Milnes, M.P. 

IV. The Right Hon. William Cowper, M.P. 

V. Sir James P. Kat Shuttleworth, Bart, 



xii Former Presidents. 

GLASGOW, 1860. 

President. 
The Right Hon. Lobd Bsovgham. 

Tregideivta of Departments, 
I. The Lobd Advocate pob Scotland. 

II. SiB James P. Kay Shuttleworth, Babt. 

III. The Hon. Arthur Kinnaird, M.P. 

IV. Viscount Ebrington. 

V. Sib James Emerson Tennent. 



DUBLIN. 1861. 

President, 
The Right Hon. Lord Brougham 
Presidents of Depart^netUs, 
I. The Right Hon. Joseph Napieb. 
II. Sib John Geobge Shaw Lepevre, K.C.B., F.R.S. 

III. The Right Hon. the Attorney-General roBlBEiaNU. 

IV. The Right Hon. Lobd Talbot de Malahide. 
V. The Hon. Judge Longfield. 

VI. MoNS. Michel Chevalier. 



LONDON, 1862. 

President, 

The Right Hon. Lobd Bbouguam. 

Presidents of Departments* 

I. Sib Fitzboy Kelly, Q.C., M.P. 

n. The Veey Rev. the Dean op St. Paul's. 

III. Thomas Chambers, Q.C. 

IV. William Faibbaibn, LL.D., F.R.S. 
V. Richard Monckton Milnes, M.P. 

VI. Tbavers Twiss, Q.C, D.C.L. 



EDINBURGH, 1863. 

President. 
The Right Hon. Lord Brougham. 
Presidents of Departments* 
I. The Hon. Lord Cubbiehill. 
II. Nassau W. Seniob. 
in. The Hon. Lobd Neaves. 
IV. Professor Christison, M.D. 
V. The Right Hon. Sir John McNeill, G.CJ.B. 
VI. The Hon. Judge Longweld, LL.D. 



• •• 



Former Pr^xidenh, xiii 



YORK, 186 <.. 

PreBident, 
Thb Right Hoy. Lord Brougham. 

Presidents of Departments. 

I. The Right Hon. Sir J axes P. Wilde. 
II. His Grace the Archbishop op York. 
m. Sir Charles Hastings, M.D., D.C.L. 
IV. Edwin Chadwick, C.B. 



SHEFFIELD, 1805. 

President, 
The Right Hon. Lord Broughaii. 

Presidents of Departments, 

I. Sir Robert J. Phillimore, D.C.L. 
n. Thomas Chambers, Q.C, M.P. 
m. Edwin Laniester, M.D., F.R.S. 
IV. Edwin Chadwick, C.B. 



MANCHESTER, 1866. 

President, 
The Right Hon. the Earl of Shaftesburt, K.G. 

Presidents of Departments, 

I. Hon. George Denman, Q.C, M.P. 
II. Right Hon. H. Austin Bruce, M.P. 

III. William Faeb, M.D., F.R.S. 

IV. Sir James P. Kay SnunLEwoBTir, Bart. 



BELFAST, 1867. 

President. 
The Right Hon. Lord Duefebin and Clandkboye. 

Presidents of Departments, 
I. The Right Hon. Mb. Justice O'Haqan. 
II. Thomas Andrews, M.D., F.U.8. 

III. Sib James Simpson, Bart., M.D., F.ll.S. 

IV. Sir Rodebt Kane, F.R.S. 



XIV Pormer PresidenU. 

RIRMINQIIAM, 18G8. 

President, 
The Right Hon. this Eabl of Carnarvo?! 

Presidents of Departments, 
I. The Kioht IIo^i. \\. N. Massbt» 
II. The Bight Hon. Lord Lttteltox. 

III. Henbt W. Rumsbt, M.D. 

IV. Profemos Fawcstt, M.P. 



BRISTOL, 1869. 

President, 
The Right Hon. Sift Stafford Northcote, Babt., M.P. 

Presidents of Departments, 
I. Qeorgb Woodtatt Hastings. 
II. Rev. Canon Kikoslbt. 

III. John A. Stmonds, M.O., F.H.S. 

IV. Right Hon. Stephen Cave, M.P. 



NEWCASTLE-UPON-TtNE, 1870. 

President, 
Ilis Grace the Duke of Northumberland* 

Presidents of Departments, 
I. The Hon. Lord Nravbs. 
I J. Db. Lyon Playfaib, C.B., F.R.S., >f.P. 
I If. Robert Rawukson, C.B., C.E. 
IV. Sir William Armstrong, C.B., LL.D., D.C.L., F.R.S. 



. I 



^■i^UMfeirtl^i 



XV 



COUNCIL FOB J 871-72. 



Thosi nuivktd With an asterisk are Representatives of Corporate Bodies, 



Acknd, H. W. D., M.D.. F.B.a 
AeUnd, Sir Thomas D., Bart, M.P. 
Adderlej, Right Hon. Sir Charles B., 

C.B.I M.P. 
Aldis, 0. J. B., M.D. 
jkrmitrong, Sir William, C.B., LL.D., 

D.CX., F.R.S. 

Bnines, Sdward, M.P. 

Baker, T. B. LL 

Barclar. A. W.,M.D. 

Baring, Thomas, M.P. 

Barton, Be?. Canon 

Bast, olL. T., M.P. 

Bastard, T.H. 

Batenum, J. F., C.E., F.E.S. 

Baxter, B. Budlej. 

Baylis, C. O.. U,D. 

BeggB, Thomas 

Bereiford-Hope. A, J. R, M.P. 

^Bourne, Alfred 

Boyle, Rer. G. D. 

Bndj, Sir Antonio 

Brawy, Thomas, M.P. 

Branner, J. A. 

Brodrick, Hon. Georgo 

Brooke*. W. Cunliffe, M.P 

Brown, A, H., M.P. 

Brown, Joseph, Q.C. 

Brown, Samuel, F.S.S. 

Bruce, Right Hon. H. Austin, M.P. 

Burgew, Ker. Canon 

Burkitt, Edward 

Butler, RcT. H. Montague, D.D. 

Campbell, Hon. Dudley 
Ginterburr, Xx>rd Archbishop of 
Camarron, Barl of 
Carpenter, Alfred, M.D. 
Care, Right Hon. Stephen, M.P 
OiTendisb, Lord Frederick, M.P. 
Cbadwick, David, M.P. 
Chadwick, Edwin, C.B. 
Chambers, Montagu, Q.C., M.P. 
Chambers, Thomas, Q.C., M.P. 
Chancellor, The Lord 
Chancellor of Ireland, The Lord 
Chichester, Earl of 
Chriitison, Sir Robert, M.D. 
Clanricarde, ^larquis of 
Clark, Charles. 
Clarke, T. Chatfield 



WOODYATT HASrilfOS. 

Clerk, Lord Justioe 

Clodc, Waiiam 

Colebrooke, Sir Thomas E., Bart., M.P. 

Colman, JeremtAh J., M.P. 

Colonsay, Lord 

Cookson, W. Strickland 

Corrance, F. S., M.P. 

Cowper-Temple, Rt. Hon. W. F.,M.P. 

Cox, Mr. Serjeant 

Crofton, Right Hon. Sir Walter, C.B. 

♦Crook, Richard J. 

Curgenren, J. B. 

Dalglish, Robert, M.P. 

Dalrjmple, Donald, M.P. 

Dalway, W. B., M.P. 

Davenport, E. G. 

Delahunty, James, M.P. 

Denman,*XiOrd 

Denman, Hon. George, Q.C., M.P. 

Derbr, Earl of 

Dickinson, S. S., M.P. 

Dilke, Sir Charles W., Bart., M.P. 

Dixon, George, M.P. 

Droop, H. R. 

Druitt, Robert, M.D. 

Ducie, Earl of 

Dudley, Earl of 

Dunn, E. (J. 

Dunsanv, Lord 



Ebury. Lord 

Eigar, Andrew, LL.D. 

Ewing, A. Orr, M.P. 

Fairbairn, Sir William, Bart., LL.D., 

F R S 
Farr, William, M.D., F.R.S. 
Field, Rev. John 
Fitch, J. G. 
Forteacue, Earl 

Fortescue, Hon. Dud lev Fr.inci9, M.P. 
Fowler, R. N., M.P. ' 
Freeland, H. W. 
•Fry, Lewis 
Fuller, Fruiicis 

Gael, S. If. 

Godwin, George, F.R.S. 

Goldsmid, Sir Francis H., Bart., M.P« 

Q^ldsmid, Julian, M.P. 

Gray, William, M.P. 



XVI 



oiwn 



il. 



Grrenhow, E. Jloadkni, M.D. 
Oiirney, Rt. Hon. Ruwell, Q.C.. M.P. 

Iladfield, George, M.P. 

Hancock, John 

♦Hancock, W. Xidson, LL.I). 

Harcourt, W. Vernon, Q.C., M.P. 

Hardwicke, William, M.D. 

Hare, Thomas 

♦Harris, Stanley 

♦Hastinn, Gkorge Woodyatt 

Hawes, William 

Hawkins, Charles 

Headlam, Rt. Hon. T. E., Q.C., M.P. 

Heywood, James, F.R.ft. 

mn, AUager H. 

HiU, Edwin 

Hill. Frederic 

Hill, M.D., Q.C. 

Hobhouse, Arthur, Q.C. 

Hodgkin, John 

Hodgson, Professor 

Holland, P. H. 

Hollond, E. W. 

Houghton, Lord 

Howard, James, M.P. 

Hughes, Thomas, Q.C., M.P. 

Hurst, Qeorge 

Hutton, John, M.P. 

Jerons, Professor Stanley 
Johnstone, Sir Harcourt, Bart, M.P. 

Keating, Hon. Justice 
Kelly, Lord Chief Buron 
Kettle, Rupert A. 
Kimberley, Earl of 
Kennaway, J. H., M.P. 
Kingsley, Rey. Canon 
Kinnaird, Hon. Arthur, M.P. 

Laird, John, M.P. 

Lambert, Rey. Brooke 

Lamport, Charles 

Lankcster, Edwin, M.D., P.R.S. 

Lawrence, Lord 

Lefeyre, G. J. Shaw, M.P. 

Levi, Professor Leone, F.S.S. 

Lewis, John D., M.P. 

Lichfield, Earl of 

Londesborough, Lord 

Longfleld, Hon. Montifort, LL.D. 

liowo, Rt. Hon. Robert., M.P. 

Lushington, Rt. Hon. Stephen, D.C.L, 

Lyyeden, Lord 

Lyttelton, Lord 

Macfie, R. A., M.P. 
McArthur, WUliam, M.P. 
♦McClelland, James 
♦McLagnn, Peter, M.P. 



Mann, Horace 
Marline. Samuel, M.P. 
Marshall. Jtmes 
l^fassey, Rt. Hon. W. N. 
Matthews, Henry, Q.C., M.P. 
MaxweU, Wellwood H., M.P. 
Maurice, Rey. Professor 
Melly, George. M.P. 
Micliael. W. H., F.C.S. 
Mill, J. Stuart 
Minto. Earl of 
*Monk. C. J., M.P. 

Montagu, Rt Hon. Lofd Robert, M.F« 
♦Moreton, John 
Morley, Samuel, M.P. 
' Morriicm, Walter, M.P. 
Mouat, F. J., M.D. 
Mozley, Herbert N. 
MundelU, A. J., M.P. 

Napier, Right Hon. Sir Joseph, Bart. 

Neaves, Hon. Lord 

Kewdegate, C. M. P., M.P. 

Newton, A. V. 

♦Newmarch. William, F.R.S. 

Noel, Ernest 

Norris, Rey. Canon 

Northcote, Right Hon. Sir Staffordy 

Bart., M.P. 
Northumberland, Dnke of 

Oldfield, Colonel 
O'Neill, Hon. Edward, M.P. 
O'ReiUy, Myles W., M.P. 
Oyerstone, Lord 

Pogliardini, Tito 

Pakington, Rt. Hon. Sir John, Bt., M.P. 

Palmer, Sir Roundell, Q.C,, M.P. 

Pankhurst, Richard M., LL.D. 

Payne, Joseph 

Pears, Edwm 

Peel, Rt. Hon. Sir Lawrence, D.C.L. 

Perciyal, Rey. John 

Phen<?, J. S. 

Pitman, Henry, M.D. 

Plavfair, Dr. Lyon, C.B., F.B.S., M.P. 

Potter, Edmund, F.R.S., M.P. 

Powell, F. S. 

Pratt, Hodgson 

Pulling, Mr. Serjeant 

> Ramsden, Sir John, Bart., M.P. 
Ramsay, F. W., M.D. 
Rathbo'ne, P. H. 
Rathbone, Wflliam, M.P. 
Rawlinson, Sir Christopher 
Rawlinson, Robert, C.B., C.E. 
Reilly, F. S. 
Richard, Henry, M.P. 
Riohson, Rey. Canon 



Comicil. 



xvii 



Rigs, Ber. J. H., D.D. 
Ripon, MaiquU of 
RothKhild, Buoh LioimI, M.P: 
Rotbadiild, Baron ICayor de» M.F. 

Ramnr, H. W^ ILD. 

Kaiiell, Bari* K.Q. 

Rutaon, A. O. 

Ryland, Artliur 

St Dafid's, Lord Bishop of 

Silomons, Sir BaTid, li.P. 

Safford, A. Herbert 

8^MD,ReT. Biefaard 

ghaen^WiUiBm 

ShaftesbuTj, Earl of, K.G. 

Shuttleworth, Sir Jamee £ay, Bart. 

8initiuflt,T. B. 

•Spotton, William 

SUllard, Dr. J. H. 

Steinthal, Ber. S. A. 

Stflpbinion, Ber. Kaeh 

Stepnej, W. F. Ck>weU 

SteTeQBOD, James 0., M.P. 

Stewirt, A. P., M.D. 

Tiylor, P. A., M.P. 

TftTlor, B. W. Cooke 

TWrnnoiith, Lord 

Teuon, Seymour 

lite, Sir William, F.R.S., M.P. 

T^mline, George, M.P. 



Torrens, Bobert B., M.P. 
Tnfndl, B. Carlton 
Twining, Thomas 
Twiae, Sir Trarers, D.CX. 

Taughan, Jamee 

Vemey, Sir Harry, Bart, M.P. 

Waddilore, Alfred, D.C.L. 

Waley, Jacob 

*Walicr, John 

♦Waller, J. R. LL.D. 

Ware, Martin, Jun. 

*Warrack, John 

Waterhotue, Samuel, M.P. 

Watson, Sir Thomas, Bt., M.D., F.R.S. 

Webster, Thomas, Q.C,, F.R.S. 

Weguelin, Thomas, M.P. 

Wendt, £. E. 

Westlake, John 

Wheelhouse, W. St John, M.P. 

♦White, Peter 

White, Robert 

Whitwill, Mark 

WilliamB, Arthur J. 

WiUiams, Sir F. Marti q, Bart, M.P. 

Wilmot, Sir J. E. Eardley, Ban. 

Wines, E. C, LL.D. 

Wingfield-Baker, B. B., M.P. 

Yeats, John, LL. D. 



EXECUTIVE COMMITTEE. 



AldiB, C. J. B., M.D. 

Clflde, William 

Cuobon, W. Strickland, Treasurer 

Droop, H. B. 

EJgar, Andrew, LL.D. 

Gael, S. H. 

H&rdwicke, William, M.D. 
H&itings. G. Woodjatt, President 

Hawes, William, Treasurer 
Hill, Frederic 
HoUond, E. W. 



of 



Lambert Rer. Brooke 
Lamport, Charles 

McClelland, James 
Marshall, James 
Mozley, H. N. 

Pears, Edwin, General Secretary 

Rigg, Rer. J. II., D.D. 

Safford, A. Herbert 

Teulon, Seymour 

Waddilore, Alfred, D.C.L. 
WesUake, John, Foreign ikcreiary 






FOREIGN CORRESPONDING MEMBERS. 

Monsieur Lb Covtb J. AtRiVABEyE, Bnaelles. 

Marquis D*Avila, Ministre d'Etet de S. M. Tr^ Fidelf , Lkbon. 

Monsieur Michel Chevalier, Arcnuo de rimp^ratrice, No. 27i Pari?. 

Monsieur Lb Comte Augustb Oieskowski, WierzcniciH Gnnd-Duob^ de Pa 

Monsieur CoRBrVANDBR Mabren, Broielles. 

Monsieur Demetz, Colonie de Mettray, France. 

Samuel Eliot, Esq., LL.D., Boston, U.S. 

David Dudlet Field, New York, U.S. 

Monsieur Le Dr. C. Helm, Wien, Austria. 

Baron Yon Holtzendorf, Berlin. 

Dr. Edward Jarvis, Dorchester, Massachusetts, U.S. 

Professeur Katchenowskt, Universit4S de JCharkow, Russia. 

Hon. W. Beach Lawrence, Ochre Point, Newport, Rhode Isknd, U.S. 

Monsieur Le Dr. Neumann, Kopnicker Strasee, No. 110a, Berlin. 

Monsieur P. Le Play, Conseiller d*Etat, &o., PUce-Saint Sulpice, No. C, T 

Monsieur Le Do. Soiiubert, Konigsberg. 

Monsieur W. H. Suringar, Prudent de Mettraj, Amsterdam. 

Monsieur Le Dr. Susani, Professeur de M^canique Industrielle k la Soci^t^ 
Arts, Milan. 

Monsieur Le Dr. Yarrbntrapp, Francfort-sur-Main. 

Monsieur A* Yihsohers, Conseiller au Conieil det Minea, Bu^ Royalt, No. 
Bruxelles. 

Count Zamotsri, Cmcow, Ra«ia< 



HONORARY MEMBERS. 

Mrs. John ICnox, London. 
Miss MarIt Cabpbnter, Bristoli 



)c{x 



OFFICERS OF THE ASSOCIATION FOR 1871.72. 

President, 
The Biglit:H<m, ^IR Jphjbt S. PAiOKqToy, Bart, M.P., G.G.B. 

Vice-Presidents, 

The Riglit Hon. EarIi Rttbsell, K.G. 

The Right Hon. Eab<l of >SHArTBsr>uj&Y, K.G. 

The Bight Hon- Lord Ditfferin and CiiANDBDOYE. 

The Right Hon. Earl of Carnarvon. 

The Right Hon. Sir Stafford Northcote, Bart., M.P. 

His Grace The Ditke of Northumberland. 

Presidents of DepaHnierds, 

I. W. Vernon Harcourt, Q.G., M.P. 
II. Edward Baines, M.P. 

III. George Godwin, F.R.S. 

IV. William Newmarch, F.R.S. 

President of Council, 
George Woodyatt Hastings. 

General Seereianj, 
Edwin Pears. 

Foreign Secretary, 
John Westlake. 

Trecumrers. 
W. Strickland Coo«:son. | William Hawes. 

Secretaries of B<imrtnui)iis, 

I. H. N. Mozley. a. Herbert Safford. 

II. Rev. Brooke Lambert. Rev. Nash Stephenson. 

III. William Clode. William Hardwicke, M.D. 

IV. E. W. HoLLOND. Rev. S. A. Steinthal. 

Auditors^ 
Francis Fuller. | John Knox. 

AssUtanl Secretary, 
James Robinson. 

Banlcers, 

The London and Westminster Bans, 1, St. James's Square, S.W. 
Messrs. Ransom, Bouverie, & Co., 1, Pall Mall East, S.W. 

Office oftlie Association. 
1, Adam Street, Adelphi, London, W.C 

b 2 



XX 



LOCAL OFFICERS OF THE LEEDS MBETIKG. 

Vice-PrCisUIctUs. 



The Worabipful Tiik Mayor op Lesds. 
The Worshipful The Mayor of Bauxs- 

LEY. 

The Woruliipful Tiik Mayor op 13ATLr\'. 
The Worshipful The Mayor of Brau- 

FORI>. 

The Worshipful The Mayor op Dews- 

BVRY. 

The Worshipful THK!irAYORor IIaupax. 

The Worshipful The Mayor of Shef- 
field. 

The Worshipful The Mayor of Wake- 
field. 

His Grace The Duke of Dlvonsiiire. 

The Right Hon. The Earl of Hare- 

\V0(»D. 

The Right Hon. The Earl op Mex- 

BOROUGII. 

The Right Hon. Lord Halifax. 
The Right Hon. Lord Boltox. 
The Right Hon. Lord HoraiiTON. 
The Riglit Hon. I>oud Wharncliffe. 
Lord Fkederick. C. Cavendish, M.P. 



The Right RaT. Lord Bcshopop Eipoir 
The Right Hon. Sir Johepu Napier. 
Sir John W. Ramsden, Bart., M.P. 
Sir Titus Salt, Bart. 
Sir CHARLE.S LowTHER, Bart. 
Sir AxDREW Fairbairx. 
The Very Rev. The Dean op Ripok. 
The Very Rev. The Dean of York. 
The Ven. Archdeacoh Mus(mAVR. 
' Tlie Rev. Casox Sale, D.D. 
Tlie Rev. Caxox Woodford, D.D. 
Edward Baixes, M.P. 
Somerset Bkaimont, M.P. 
R. M. Carter, M.P. 
C. B. Denisox, M.P. 
Joiix Dext Dent, M.P. 

JOSHCA FlELDBN', M.P. 

E. A. Leatham, M.P. 
L\ M. Norwood, M.P. 
Mr. Serjeant Simox, M.P. 
W. St. J. Whkelhouse, M.P. 
Darntox LuiTox. 



Trensurcr. 
W. B. Denisox. 



Secret ar if 8. 



Thomas Wil.son. 
Darxtox Ll'ptox, Jun. 



Jonx Edwix Eddisox, M.D. 
Stephen A. Marshall. 



iSccrdaries of I)cparimeHi$* 

I. — Muiiictjud Lair S^rtion, — Thomas Marshall. 

liftprciiihn of Crime Section. — J. Rawlinsox Ford. 
II. — Education, — Hexry H. Sales. 

in. — Health. — T. Clifford Albutt, M.D. M. K. Robixsox, M.D. 
IV. — Jonx Barrax, Jun. William Hijist. 



Executive Committee. 

The Worshipful The Mayor of Leeds, Chairman. 

Jonx Baurax, Jun. W. G. Joy. 

Rev. J. Blomefiklp, Arthur Lcitox. 

Thomas Daw.«<ox. Darxtox Luptox. 

J. R. FoitD. Thomas Marshall. 

J. D. Heatox, M.D. M. K. Robixsox, M.D. 

James Holrovd. H. H. Sales. 

J. I. Ikin. Rev. F. J. Wood. 

Rev. Edward Jack^ox. Rev. Caxox Woodford. 



Assistant l^ecretiri/. 
William Hirst. 



XXI 



PEBSTOBNTS AOT) VIOE-PBBBIBENTS OF DEPARTMENTS 

OP THE LEEDS MEETING. 

L-4UBISPBUDEKCE AND AMENDMENT OP THE LAW. 

President. 
W. Yebkon Habcotjbt, Q.C, M.P. 

Municipal Law Section. 

Vw' Presidents. 
WiLLLAX. Bbuce (Stipendiary Andebw Edgar, LL.D. 



Magistrate, Leed b) . 
Mr. Sijeant Cox (Deputy Judge 

ol the Middlesex Sessions, 11^- 

corder of Portsmouth). 
W. T. a Dakisl, Q.C. (County 

Covai Judge). 



ArTHUB HOBIIOUSK, Q.C. 

Professor Leone Levi, F.S.A. 
J. B. Maule, Q.C. (Recorder of 
Leeds). 



Rbpbession of Cbimb Section. 

(Tliairmnn, 

The Bight Hon. Lobd Teignmouth. 

Vice- Chairmen, 

Captain Abhttage. i Rev. Edward Jackson. 

Right Hon. Sir Waltkb Oeop- J. H. Kennaway, MP. 



TON, C.B. 
Bey. John Field (Visiting Jus- 
tice of N.R: Prisons). 



E. 0. Wines. LL.D., United 
States' Commissioner on Prison 
Discipline. 



Tl.— EDUCATIOX. 

Presidenf. 
Edwabd Baines, M.P. 

Vice- Presidents. 
Sir Andbew Faibbaibn. | Rov. J. H. Rigg, D.D. 

Jjlmeq McClelland. | Rev. Canon Woodfobd. 

III.— irEALTir. 

President. 
George Godwin, F.R.S. 

Vice-Presidcn la. 



Oh ABLE8 Chadwick, M.D.,D.C.L. 
Ebwabd Fillitee, C.E. 
J. D. Hbaton, M.I)» 



Frederick J. Mouat, M.D. 

F. S. Powell. 

Robert Rawlinson, C.B., C.E. 



IV.— BCONOMY AND TRADE. 

President, 
William Newmarch, F.R.S, 

Vice-Presidents, 



Sir Antonio Brady. 
Saxubl Bbown, F.S.S, 
JIdwin Chadwick, C,Bi 
JOHir JowiTT, 



James Garth Marshall. 
Walter Morrison, M.p. 

A. J. MUNDELLA, M.P, 
SAMTTEL WATK»lfOt»SE, M,P, 



XXll 



LAWS OF THE ASSOCIATION, 



object and OrganuaiioH. 

I. The object of tbo Association is to aid the dcTelopment of 
Social Science. 

II. The Associfttion compriges Four Departments : tbo first, for 
Jurisprudence and Amendment of the Law ; the second, for Educa- 
tion ; the third, for Health ; and the fourth, for Economy and Trade. 

III. The Association consists of Ordinary Members, Corporate 
Members, Foreign Corresponding ^Members, and Associates. 

Terms of Mimbership. 

IV. Any person who pays an Annual Subscription of One Guinea, 
or a Life Subscription of Ten Guineas, to tlio Funds of the Associd- 
tion, is an Ordinary Member. 

V. Any Public Body paying to the Funds of the Association an 
Annual Subscription of Two Guineas is a Corporate Member. 

VI. Foreign Corresponding Members are elected by the Council, 
the number of such Members being limited by Byo*law. Foreign 
Corresponding Members are exempt from payment. 

VII. Any person who pays Ten Shillings to the Funds of th< 
Association is an Associate for the Annual Meeting for which sucl 
payment is made. 

VIIL The Annual Subscription is payable in advance on the fifs 
day of August in each year. 

Officers and Government, 

IX. The Association has a President, Vice-Presidents, Prceident 
and Vice-Presidents of Departments, a President of Couneil, i 
General Secretary, a Treasurer or Treasurers, Foreign Secretary 
and Secretai'ies of Departments, who are all annually elected, an< 
hol4 office until ^he appointments of the following year ^^'e m^de. 



Law9 of the A$60ciationn xxiii 

X. The AflBociation ie governed by a Council, and by an ISxecu- 
tire Committee, subject to the directions of the Council. 

XI. The Council consists of the following persons :— 

1. The President, Vic^-Ptesidents, Presidents and Vice-Presi- 
denU of Departments, General Secretary, Treasurers, Foreign 
Secretary, and Secretaries of Departments. 

2. Every member who has filled the office of President or Presi- 
dent of a Department, or who has filled for three years the office of 
Gjenerftl Secretary, Treasurer, Foreign Secretary, or Secretary of 
Department. 

3. Every Member who, up to the 3 1st of July, 1862, had served 
for three years as a Member of Council. 

i. Every Member of either House of Pai'liament who is also a 
Member of the Association. 

5. Sach Members, not exceeding fiAeen in each Departmenti as 
shall be annually nominated by the Standing Committee of each 
Department 

6. Sach Bepresentatives of any Branch or Local Association, not 
eiceeding two, as may bo nominated from timo to time by such 
Branch or Local Association. 

7. Such Eepresentative of any Society existing in connection 
with the Association as may be nominated from timo to timo by 
sDch Society. 

8. Such Bepresentative of any learned Society, or Chamber of 
Commerce, being a Corporate Member of the Association, as may 
from time to time be nominated by such Corporate Member. 

9. Such Members as may be nominated by the Association, on 
the recommendation of the Council, for special services to the 
Association. 

JO. Such Members, not exceeding twelve, as shall be annually 
nomioated by the Council, on the recommendation of the Executive 
Committee. 

XII. The Executive Committee consists of the President of 
Coorcil, the General Secretary, the Treasurers, the Foreign Secre- 
tary, one Secretary from each Department nominated by the 
CooDcil, and Twelve Mcml;crs elected annually by the Council. 

XIII* The Coiincil meets at thp tip^o of the Annual Meeting qf 



xxiir Laws of the AtBodaikm. 

the Assodation, at three other times daring the yesr, tai also wbeti 
specially summoned by the Execative Committee. 

Annual and other Meetings, 

XIV. An Annual Meeting for the reception of the Addreea of 
the President, and of the Reports of the Council and Standing Com- 
mittees, and for the reading and discussion of papers, is held in such 
place, and at such time, as may be appointed by the Council. 

XV. A Business Meeting of the Members is held in each year at 
the office of the Association, at such time as may bo appointed by 
the Council, to receive a Report from the Council on the financial 
and other business of the Association, to elect the Officers and 
Standing Committees for the ensuing year, and to enact such Laws 
as may from time to time bo required. 

XVI. The Council has the power of summoning a General 
Meeting of Members, on fourteen days notice, for such purpose 
and at such time and place ns it thinks fit. 

XVII. The Greneral Secretary, on receiving a requisition signed 
by twenty Members, summons, at such time, being within thirty 
days, and at such place as he thinks fit, a General Meeting of the 
Members, for the purposes stated in such requisition. 

XVIII. Special Meetings are held in London, under the regu- 
lation of the Executive Committee, for reading papers, and for 
discussion, on specific questions. 

Rights and Privileges of Members, 

XIX. Every Ordinary Member has the right of attending aad 
voting at the Annual Meeting, the Business Meeting of Members, 
and all other General Meetings of the Anoeiation, of being eligible 
to any of its offices, and of receiving gratoitoutly its Tranmodtuu. 

XX. Any Ordinary Member, whose name has been sabraitled for 
that purpose to, and approved by, the ExecuUve Cooraiittee, and who 
pays an additional annual subsoription of One Guinea, or an addi- 
tional life subscription of Ten Guineas, has the privileges of 
attending and voting at the Special Meetings mentioned in I^aw 
^ymri 9f reoeiving all public^tkm9 \fm^ in oonoe^tiof^ witli iwh 



ZpoiDtt (^tJie Asiociatiati. xxv 

KijBtiiigi^ and ef Ihe afling of the Library at the Office of the Asao* 
cifttkyn. 

XXI. Every Corporate Member receives gratuitously a copy of 
the Tramioeiionty and may nomioate two representatives to attend 
the meetings of the Association. 

XXIL Every Foreign Corresponding Member has all the rights 
of an Ordinary Member, except that of legibility to the Council. 

XXm. Every Assoeiate has the right oF attending and voting at 
the Annual Meeting, held by Law XIV. 

Siahding and other Committees. 

XXrV. A Standing Committee for each Department is annually 
elected at the Business Meeting of Members. A Standing Com- 
mittee has the power of appointing Sub-committees. 

XXV. Special Committees are oppointed by the Association or 
by the Council, to consider and report on specific subjects of 
reference. 

XXVI. The President of Council is, ex officio^ a Member of 
every Standing Committee, and the General Secretary and the 
Foreign Secretaiy are, ex officio. Members of every Committee and 
Sob-committee. The Secretary of each Department is, ex officio, a 
Member of every Committee and Sub-committee of such Department. 

Constitution and Conduct oj Meetings, 

XXVII. For General Meetinjijs of the Association twenty Mem- 
bers, for Meetings of the Council seven Members, for those of the 
Executive Committee ^\q Members, and for those of other Com- 
mittees and Sub- committees three Members, form a quorum. 

XXVIIL At all the aforesaid Meetings the Chairman has a vote ; 
if the votes be equal he has also a casting vote. 

XXIX. No original motion, of which previous notice has not been 
given, is pat from the Cluur at any Meeting of the Association held 
under Laws XIV, XV., or XVI. 

Finances, 

XXX. The funds of the Association are kept in it» name nt n 
^llf, AU aQtaa received on Account of the AseooiAfion aro pf^M 



xxvi Lawt I'ftht Ataoe'uUloH. 

into tlio Bank ; and all clieqaes on the Bank are drairit by order t^ . 
llie Council or of the Executive Committee, siguod by the Treamrer, 
and countersigned by the General Secretary. 

XXXL At the Bupincss Mooting of Members two Auditors, not 
being Members of the Executive Committee, are appointed od 
motion, by show of handp, to audit the accounts of tho ensuing year. 

XXXn. The accounts of ttic Association are made up to tho end 
of Juno in each year ; and, aflcr being duly audited, are appended 
to the Annual Beport of the Council. < 



Vacanci 



t Offices. 



XXXIIJ. The Council lill» up any vacancy occuning during Utu 
year in any of the offices named in Law IX. 



k sill 

li;:;: 



niHtioCtts sa 



|SiSS&i:"=3 



■i ■- J i 






in 



S.^.1 



.^«l 



llsef *^ 



&s .rHpil.'.lll'i 
•lillPls'SflFIl 



iJ 




Ill 



llSil 

lllii 






liNTKODUCTION. 



1lH£ Annual Congress^ which opened at Leeds on the 
4th of October last and terminated on the llth, was the 
Fifteenth which the Association has . held. Following the 
precedent of former years, the proceedings were opened by 
a special service. This was held in the old parish churcli 
of Leeds. The sermon was preached by the Very Reverend 
the Dean of Durham. In tlie evening the inaugural ad- 
dress was delivered by the President of the Association, the 
Bight Hon. Sir John S. Fakington, M. P. 

The addresses were delivered in the hall of the Mechanics^ 
Institute; the meetings of the several departments taking 
place in the Law Courts, the Municipal Council room or 
other of the convenient rooms included in the noble pile of 
buildings forming the Town Hall. The magnificent Victoria 
Hall, the principal room of this pile, was used during the 
day time as a reception room ; on two evenings for soirees 
and on one for the Working Men's meeting. 

The Working Men's meeting continues to be an exceedingly 
popular feature of the Congress. At the two last meetings, 
in Xewcastle-upon-Tyne and Leeds, not only has the list of 
speakers been announced beforehand, but a given topic has 
been assigned in the announcement to each speaker. In this 
way an amount of definiteness has been given to the speeches 
delivered^ which could hardly exist without some such plan, 
and the danger is avoided of one speaker going over the 
ground occupied by a predecessor. In Leeds the Mayor 
presided, and discharged his duty with the same ability and 
heartiness which characterized the whole of his oiHcial and 
private demeanour towards the Association and its members. 



xx?^ jttiiroduction. 

Sir John Pakington spoke of the interest of the tvorkina 
classes in technical education, a subject which every one will 
admit the President of the Association was peculiarly well <jn' 
titled to speak on, both from the consistent and persevering 
manner in which he has directed public attention to it, as wdli 
as from his great experience in and knowlcflgc of the whole 
question of education. He pointed out that the snbjiect <Jl 
technical. education was one which was of special inte^e9t tc 
artizans ; that the Paris Exhibition, the reports of competeol 
persons and of general observers show, that the foreign artizar 
has better opportunities of becoming a skilled, a scientific, of an 
artistic workman than the English artizan ; that there is dangch 
ot foreigners being able to produce better work than we are ablfe 
to produce, and so of attracting a valuable portion of our trade 
to their shores ; and that the only way to avert this danger U 
to place within the reach of working men throughout the 
country the means of technical education. Mn Godwin. 
President of the Health Department, spoke of the interest ti 
the working classes in regard to the question of public hedltli. 
He had previously made an inspection of some of the worit 
districts in Leeds, one " honeycombed with cesspools, sttftl 
middens, and drains without traps,** and called the attentiotf d 
the meeting to the urgent need of making sanitary improve- 
ments in the districts which he indicated. He pointed oni 
that it was in such districts, which were inhabited excluslvel} 
by the poorer classe8,thatthe highest number of deaths occttri^d 
and that the working classes more than any othet section! ol 
the community were interested in the carrying out <rf laWsj 
which would improve their health and add years to the lives bi 
thousands. Mr. Newmarch, President of the Economy and 
Trade Department, was announced to speak on the impoyt- 
ance of a knowledge of Economic Science to the workinj 
classes. It is sufficient to mention his name to show that th( 
task would be admirably fulfilled. After comparing the 9fst( 
of England with that of South Eastern Europe^ he maintaiiitij 



hiroduetioH. sxxi 

tkt OHi^ aiperlor poBitioQi was duie in ,fi great meastn-o to 
tlie applioaiion o£ sound principles, of economic science. He 
otged that these principle^ ought to h^ taught in oil schools^ 
but especially in elementary .scl\oo^ because such instruction 
iharpena the facultiesi ancl puts them in a &ir way of being 
developed by subsequent experience and observation. Mr. 
£. Hollond^ whose praciical study of the question de* 
gervedly entitled his opinions to respect, spo^e of the 
qoestion of pauperism as affecting the working classes. He 
tspecially insisted that what working men had to look to was 
not Government or legislation but themselves; and that the 
first requisite for the diminution - of pauperism, was an im- 
provement in the habits of the people. He urged also that 
they shonld take more interest than they had done in the 
proper working of the Poor Law, and for this purpose in 
the selection of proper persons charged with its administration. 
Mr. Mundella, who had just returned from Newcastle, 
where he had kindly acted ns the representative of the Capital 
and Labour Committee in connection with the Associa* 
tion, with a view to putting an end to the ** nine hours' " 
strike of the engineers, spoke on the subject of strikes. He 
declared them to be in the industrial world what wars are 
Id the political. He pointed out that there was reason to 
hope we were going to have fewer strikes than hitherto^ and 
that those which had recently taken place had been con^ 
ducted in a much more creditable manner than formerly. 
He urged working men to do their utmost to support 
Courts of Conciliation and Boards of Arbitration, and showed 
hoTV both masters and men had benefited wherever such had 
been established. He concluded an adilress, to which the 
Vast audience listened with great interest, by urging that 
working men could do more by educating themselves, by 
freeing themselves from the slavery of bad habits, by tempcr- 
mcei intelligence, and thrifty than any amount of legislation 
ooald do for them. 



xxxii Introduction. 

The holding of a aanitary exhibition in' coimectiQQ with 
the aanual Congress, was a novel feature in the history of 
the Association. The suggestion was thrown out in a letter 
which reached me at too late a period, barely a montli 
before the time of meeting, to allow of its being carried 
out with anything like the completeness which a longer 
time would have permitted. But owing to the indefatigaUe 
exertions of two members of the Leeds Committee^ Dr. 
M. K. Ilobinson and Mr. H. H. Sales, and of Dr. Hard- 
wicke, the Secretary of the Health Department in 
London, a great number of articles were brought toge- 
ther, and the exhibition was made in every respect 
successful. It is not too much to say that there has 
never hitherto been brought together so complete a 
collection of sanitary appliances. The presence of a 
number of health officers, and of others interested in sani- 
tary reforms, who are always found at the annual meetings 
of the Association, was felt by exhibitors to be a sufficient 
inducement to forward their goods. A communication from 
a meeting of the exhibitors, made quite spontaneously^ ex- 
presses their thanks for the opportunity which our Congress 
gave them of thus bringing their appliances under the notice 
of those interested, and contains valuable suggestions which 
will not be lost sight of, for making any future exhibition still 
more successful and useful. Most persons were struck 
with the great variety of valuable sanitary appliances 
brought together which were worthy of serious atten- 
tion, but which were at the same time little known. The 
interest taken by the public, apart from our members, in 
the exhibition, was great, and is testified by the fact that, 
though little had been done to make its existence known, 
it was visited during the course of six days by upwards of 
forty-nine thousand persons. The Council hope in future 
years to take advantage of the experience they have gained 
in this experiment, and with improved classification, care* 



Introduction. sxsiii 

fllDy prepared catalogues, and other meana that may suggest 
Aemselres, to hold exhibitions which will form centres of 
■piitary iuformation, practical iUuetrations of many of the 
ifecQssions in the Health Department, good guides to the 
many persona througtiout the country who are tnming their 
(ttentjou to eauitary reform, and the means of bringing 
into public notice appIianceB which might otherwise be 
aily known locally, or at least imperfectly. 

The following report from the Council to the concluding 
General Meeting, held at the Congresa, contains a summary 
of ihe business transacted in the various departments : — 

The Council have to report with much satiafaction the sucoess of 
tli»r Fifteeutti Anaual Meeticg. Tha Mayor and Corporation of 
Lr«<Id kit) illy permitted the Association to have the Town Hall during 
^e neek of ibtsir meetiDg, and of oertalu rooms in it for local oflices 
pKTiDas to the meeting. The membem of tlie Association have thus 
bnJ tlie very great a.lvantage of having the wliote of ihe rooms for 
lUim-eliiigB of the deparlmenla, and for every oiher purpose, except 
ibu of the addreasea of tbe Presidents, under one roof. The meet- 
itg* of the dcpnrtinenta and eectioQa have been generally well 
Oteuded. The Working Meu'a Meeting, in epile of uufavourable 
irtulier, waa attended by a large and inleresled audience. The 
^lu waa adopted, begun at Newcastle last year, of requesting each 
tfihe tipeakers to auuounce to the General Secretary beforehand, and 
furilie purpose of publication, the subject on which he proposed to 
IreM. The Council believe that this plan will tend to give greater 
dtGniteaesa and value to the addresses thus delivLTed. All the 
iddrcMes giveu bore reference to the peculiar interests of the 
Dvfcing: classes, in one or other subject brought prominently before 
lU As»ociation, 

On previous occasions there has been a wish expressed by 
may health ofBccrs of towns, and others inlereated in sanitary 
inprovemeols, that there should bo held in eonueclion with the 
l.'iii':;rf^-4 au exhibition of eaniuiry appliances. Unfortunately it 
'. ' ii:il'.> ujore ihnn a month before the present meeting when tha 
'.^;;i -111 Ti n-oB made. It was at once adopted. The trustees of the 
Uluiii lidl kindly granted the use of a lai'ge and commodious building, 
ud ibroiigh the untiring exertions ol Dr. Robinson and Mr. 11, H. 
E*Im, to whom the Council ts under great obUgations in this matter, 
Uui sxhibitiou waa ready to be opened by the olh inst. Small as it 
a, it is not too m'tch to say that so many sanitary appliances have 
NT«r Wore been brought together, and the success with which it has 
mtpf^iaoluarly to the fact that a future exhibition, with more time 



xxxiv Introduction. 

devoted to its preparation, woald be at once an ezceedinglj asefa 
and popular adjunct to the Health Department of the Congress. 

The number of tickets sold has exceeded that of the last thre* 
or four meetings. The best thanks of the Association are dm 
to the Right lion. Sir John Pakington, Bart, M.P., G.C.B., foi 
his services as President of the Congress, and to the President! 
Vice-Presidents, and Secretaries of Departments, for the able an< 
efficient manner in which they have performed their duties. The] 
have also vcrj cordially to thank the Executive Committee, the Loca 
General Secretaries, and theTreasurer, for having brought the businesi 
of the Congress to a successful issue. The thanks of the Associa 
tion are likewise due to the Very Reverend the Dean of Durham, foi 
preaching the sermon at the opening service ; to the Worshipful th< 
Mayor and Corporation, for the use of the Town Hall, and for the 
great personal interest and exertion which so many, and especial!] 
the Mayor, have shown in the work of the Association ; to th< 
Trustees of the Cloth Hall for its use for the purpose of the Sanitar] 
Exhibition ; to the Committee of the Mechanics' Institution for the 
use of their ^hall for the addresses of the President and the President 
of Departments, and for the news-room and library ; to the Poo; 
Law Guardians for the use of their board room ; to Mr. Wheatley 
Balme, for inviting and entertaining the visitors at the reformator 
at Mirfield ; to the Corporation of Leeds, for an inspection of ch 
Sewage Works ; to the heads of the various institutions and manu 
factories who have kindly thrown open their premises to the visiton 
attending the Congress ; to the Post-office authorities, for the con 
venience afforded to the members in the reception room ; to th* 
inhabitants who have so hospitably entertained the visitors durin] 
the Congress ; and to the members of the press, for the admirabl 
manner in which the proceedings of the various departments an* 
sections have been reported. The Council have also to express tbei 
thanks to Miss Carpenter, for the address on female education L 
India delivered by her to a crowded audience at the second soir^. 

JURISPRUDENCE. 

The special questions discussed in the Municipal Law Section o 
the Jurisprudence Department were — (Ist.) How to improve th 
system of legal education ? (2nd.) How to improve the laws relatin, 
to the devolution and transfer of land T (3rd.) The question of locii 
courts. On. the question of legal education the prevailing opinio: 
was that the system of compulsory examination should be extende 
to the Bar. The section, however, were not unanimous in recoa 
mending the establishment of a law school. On the subject of th 
land question a long and interesting discussion took place. Th 
great inconveniences of the present system of land transfer were th 
subject of almost universal condemnation. It seemed also to be th 
general feeling that the devolution of real property ab %nie$tai 
should be assimilated to that of personalty ; but this point was onl 
slightly touched upon. Upon the question of local courts, the mis 



Intrtxiuftiori. 



Hpfii Kritiing oiit of Lbs exerRise by ibe samo court of a number uf 
ideut jurUdiclioijs wern aniinadwerled on, and Uie advantage 
it«iti or luL-ul admin is I rat ion of jiialiue was gi-iierall/ recognized 
liou to tliiTSB aubjeolB, t)ie report of the Cummill«u of this 
>ctation upon the question of inturnutioniil arbitration was read 
b/ Professor Leone Luvi, and was followed hy discussion in the 
Mctliin. Tbe pruvuiliuu opinion was in favour of an attempt being 
muds to establish a court fur the purposes uf international nrbitratiou, 
1^ adTcrse to auy proposal for the emjiloyment of force to aupport 
lie decisions of any eucli tribunal. 

The opinion of ibe Eepreesion of Crime Section seemed to be tbat 

■hile (lie cellular ejsiem mu; in certain cases be adopted with 

kniag«k the cuiployweut of priauiiera in prodmaive labour aliould, 

^utucb wa poaBiblu, b« enouuruged. Atletitiou was culled, In con- 

jetioQ witli the discussion on the apucial iiuestion reiulin^; to the 

Bnuiplra by which the aioount of punishment ought to be reguiaii^d, 

i tkn uuccstilt^ wliicb prevails for securing greater uniformity in the 

s of judges ami magistratea, and an opinion wns generally 

^tcHolQal that this end might be attained if these functionaries 

uqU meet together IVom time to time, to lay down general rules for 

Itcir guidance. The special question — " By wbat measures may tlie 

KvviiDg in stolen property, wbelbcr by purchasing it, or receiving it 

Till Iiledgc, bo most effectually prevented!" woe opened by papers 

r ulidi led U) a valuable diecusslou, and to a resolution, recom- 

f m«ad!iig tliat the subject mutter of the popcr be referred U> the 

CouucI^ wUii a rcqutst ilmt it will, at iU earliest convenience, report 

I Mptclally ou the ri'medius tliercin suggested, and ou any others 

I tldeb may lie brought under notice. 

EDUCATION. 

Ill the dlBcussion in the Edueatloo Department on the part of the 

llpMlal r{u«t)on, referring to tbe practical application of compubtiun 

I n eilucatfon, it was held that the extension uf the provisions of the 

§Half-lime Act. so as to exclude from all labour cbildreu who Imd 

!ed the " third standard," and to exclude from full-time 

[hboar all who were not provided with an inspector's certificate 

btiDg tbat they hud passed a. higher standard, would be practical 

fad adv«Dtsgenu$. In connection with the operation of the new 

Uioot boardf, it waa almost inevitable that tho question of tlie 

~ A raliie of large and small scboola should occupy tbe atten- 

I of the section. Large elementary schools were held to be 

nferahlff to smaller schools, both on tbe ground of economy and of 

Rcicney, and H is hoped that tlie attention of school managers, sa 

I Dell u of school boards, will be eoun called to this impori«nt 

f fiMtian. A suggeltiun made in connection with the subject tliat 

mixed or infant schools should supply the wants of children up to 

Ui(! ngpof liinir, and that nil older children should be relegated to 

•chODls under superior tcMcliere of their own sex, seemed worthy of 



xxxvi Introduction. 

further consideration. The altogether unusually large attendaneat, 
when the subject of the education of girls was under discaoeion^ 
points to the ^o'eat and increasiog interest felt bj our members oc= 
this subject. The dissatisfaction expressed with the present state 0*3 
female education was especially great in connection with that pro- 
vided by private adventure schools for the lower middle class ; an^ 
the feeling was apparently unanimous that much good might be 
effected if some portion of the endowments intended for the edn-— 
cational purposes served by the Endowed Schools' Commissioners 
could be used in supplying middle-class schools for girls. Th^ 
attention of educational reformers was called to the necessity of 8(il9 
continuing their efforts to extend the usefulness of the UniyersitieSs 
both by flJtering the subjects of examination for the prizes of 
Universities, so that their influence on the general education of 
country may not be lost, and also by allowing fellowships to b^ 
held on a tenure of work in education throughout the country ; such^ 
for example, as lecturing in large towns^ as well as at the Universities 
themselves. The report of the work of this section would not bs 
complete without reference to the extraordinary fact that a deaf and. 
dumb person was introduced to the audience, and spoke in answer U> 
questions, and repeated words spoken to him. This gentleman was 
taught on the German system. 

HEALTH. 

In the Public Health Department, the first special question, 
relating to the disposal of sewage, excited unusual interest There 
was a very general feeling in fkvour of sewage irrigation schemes 
for the disposal of the excrement of large towns. On the special 
question as to the means for promoting the health of factories and 
workshops, the papers of Dr. Arlidge and Dr. Stallard deserve 
mention; and amongst the voluntary papers brought before the 
notice of the members, that of Dr. Rumsey, on the progressiTe 
degeneracy of race in the town populations of Great Britain, and 
of Dr. Acland, on the habits of the labouring classes in rural 
districts, were of great interest and value. A large amount of 
interest in the sanitary improvement of Leeds was aroused by the 
paper of Dr. M. £. Robinson, on the measures which have been 
taken by the Corporation to improve the sanitary condition of 
the town within the last three years. The report of the Joint 
Committee of this Association and the British Medical Association 
on the report of the Sanitary Commission was discussed both in 
the opening address of the President of Council and in the depart- 
ment, where it was unanimously agreed that the Joint Committee 
should still continue their labours, both with a view of obtaining 
some modifications of opinion expressed by the Commission in 
relation to large areas for the administration of health laws, and for 
securing officers of health with better qualifications than what is 
proposed. In connection with this department it may be menUoned 



: the Sanitarj Exhibition ties pxcil«d gre&t iuter«at, and Iim 
n viaileJ hiiliei'to by 3d,0U0 persons. A special report tipoD it 
* tx^eii dr&wti up by the .Socrelarj of the Ilealih Department, 
1 wiil bt) re»dy for picaeniiitJon at the next Council. 

ECONOMY AND THADE. 

TThe speoifil question on the licensing luws occupied the nltenlion 
^ the Econonij anil Trndu Department two days, the Grat being 
rotod to the subject of the licensing authority, the second rather 
i points of secondary public interest. The several propaeals, to 
■kve the power or licensing as at present in the bauds of the 
%gi9tni(ea, to appoint licensing boards directly repreaeniing the 
Irpayera, and to allow total prohibition, were respecrively 
ITOOted. The preponderance of opiuion Beemed to be in fuToiir 
J the continuance of Ilie power in the bands of the magistrHtes, 

pider revised condilions, wLich should give greater weigbt thau at 

[iretent exists to the wishes of the ratepayers. The genernl opinion 
of the section was unanimously in favour of early legiahition on 
the geuerul questiou of diminution in tlie number of licensed 
bousea, and of the hoars during which sucb houaes should be open. 
'Die section have forwArded a resolution lo the Council urging tbera 
10 continue their endeavours lo ohtuin au efficient measure from 
Puliniuent dealing with the whole subject Opinion was divided 
OB the (iiieslions whether the State or municipality ougLt to assist in 
providing improved dwellings for the working classes. In the 
«nune of the discussiun, however, a remarkuble instAnce was given 
of a working mau'tt dwelling company which had succeeded in 
providing excellent and cheap accotntnodation, and hud paid a 
dirldeud of 7^ per cent. — a result which has bad the effect of 
Induoing a private speculator to put up similar bouses as an invest- 
ment for bis owH money. The section recommends the Council to 
Uke luto its consideration what legislative action can be taken to 
improve and render more effective the Public Health Acts, giving 
power to close or remove property found unfit for habitation, and 
lo collect statistical information as tu the experience of the various 
coiapauies, societies, and other organizations which are engaged ia 
ptOTidiog dwellingii for the working clasaes. The special question 
rehtiog to the assessment and administration of local taxation le<l 
I i4>ft dideuBsion which brought out tlie extreme difUculty of assessing 
iiud property. The example of Belgium was dwelt upon a>i 
iug the satisfactory result derived from the opposite plan. A 
olution was passed, after the discussiou on the ContagiouA 
mues Acts, requcsiiog the Council to consider the propriety of 
moralising the Government in favour of the repeal of those Acta, 
song Oliier papers which were read iu the section on Economy 
1 Trndu was one on the question wbether atrikus are necessary 
t the protection of workmen or loch-outa fur that of employers. 
mSha writor expressed it aa hia opinion that these violeut proceed- 



xxxviii Introduction. 

ingB are whollj unnecessary, and the general feeling of the sectioiL 
was evidently in accordance with this opinion. The Indian Com* 
mittee of the Association have resolyed to send a resolution of 
sympathy with the promoters of the reformatory at Nagpore, and 
have requested Babu Baoeijee to become tlio corresponding secretary 
of the Committee, on his return to Calcutta. 

I have reason to believe that many of our Associates 
and Members resident in the country are unaware of the 
fact, which indeed they could hardly gather from our annual 
volume of Transactions^ that^ in addition to the week of 
meetings of the Congress, the Association holds a meeting 
at its London offices every Monday evening, from about 
the middle of November^ when its session commences, 
until about the end of June, when it terminates. These 
meetings are divided among the four departments of the 
Association, and are often of a moat valuable character. 
At them and at the committees, which also meet in London, 
many of the papers read at the yearly Congress are more 
fully considered than they can possibly be during the week. 
In addition, many other subjects are brought under discus- 
sion. 

During the last Session twenty-five evening meetings were 
held at the rooms of the Association, in London, and twenty- 
four papers were read and discussed. The papers and dis- 
cussions are printed in the Journal, which is circulated 
widely during the Session. Ordinary Members pay annually 
One Guinea extra for this privilege. 

During the year the Labour and Capital Committee 
made three endeavours to put an end to the Nine Hours' 
Strike of the Engineers at Newcastle. Mr. Walter Mor- 
rison, M.P., and the General Secretary met the League 
Committee, representing the men, and saw some of the 
masters. Subsequently Mr. Mundella visited Newcastle. 
The Committee have reason to believe that these endeavours, 
though temporarily unsuccessful, materially assisted in briug- 
ing about the ultimate settlement of the question in dispute. 



Tntrodwtl/m. xxxis 

Since the issue of the last volume, the Council have 
fflemfnializcd the Committee of Council on Education as to 
nesa of women For the work of education generally. 
The memorial urged the employment of women as teachers 
B schoola of every grade, as members of School BonnN 
toiler the Elementary Education Act, and as tnepectora 
i infants' and giria' schools. 

A memorial has again been presented to the Committee of 
Council on Education, in favour of re-introducing into the 
Some of Commons the Endowed Schools Bill, Part II, 
Rie Cottncil trust that in the next Session this important 
measure will he re-introduced, and carried successfully 
Krough both Houses of the Legislature. 

A memorial to the Secretary of Slate for the Home 
Department on the subject of Boards of Arbitration and 
Onndliation has been presented, calling attention to the 
Inirability of providing a cheap and simple legal means of 
•Trying out a system of Trade Arbitration, and of en- 

Tcing awards in caaea where both parties voluntarily adopt 

icli legal powers. 

Resolutions in favour of the Trades Union Bill were pre- 
MleJ to the Secretary of State for the Home Depart- 
I Bad introduced into the House of Commons by the 
ffovenunent. This Bill adopted several of the principles 
hcommended by the Committee in their circular of last 

s a basis of legislation. 
' A series of resolutions, expressing the opinion that pro- 
bctire labour in prisons is an essential part of every good 
fetem of prison discipline, were communicated to the Secretary 
fSlate for the Home Department. 

'The Council memorialized the Government on the subject 
['the Haljitnal Criminals Act, and suggested various altcr- 

Dns which in their opinion would conduce to the more 

cient working of the Act. These suggestions related 

toog other matters to the important question of lessening 



xl Introduction. 

the number of harbourera of thieves and of receivers cf 
stolen property^ and to the re-insertion of the clause 
omitted from the original Bill by which habitual criminals 
were compelled to report themselves monthly. The Council 
also petitioned the House of Lords in favour of the Preven- 
tion of Crime Bill which embodied these suggestions. 

The Council feel much pleasure in recording the successful 
issue of the labours of the Association towards the aboliticm 
of Grambling Farms at Hong-Kong. The representations 
made in 1868, 1869, and 1870, to Her Majesty's Govern- 
ment have been followed by orders putting an end to the 
system and providing against its re-establishment. 

On the 20th April last, a meeting was held, under the 
auspices of the Association, to hear a statement from M. 
Demetz, the founder of the Colonie of Mettray, in regard 
to the disasters which had befallen the Reformatory, in 
consequence of the Franco-German war. The meeting 
expressed deep sympathy with him, and passed a resolution 
recommending the Executive Committee to sanction the 
opening of a subscription list at this office, in order to assist 
the Reformatory in overcoming its difficulties. A total of 
1500Z. was raised. 

The Joint Committee of the British Medical Association 
and of this Association, on State Medicine and the Administra- 
tion and Organization of the Sanitary Laws, have issued their 
second Report. The Committee feel bound to express their 
views, because the Royal Sanitary Commission may be said 
to owe its existence mainly to their eiforts, it having been 
appointed in compliance with a request, submitted in 1868 
to Her Majesty's Minirters by a deputation from the above- 
mentioned Associations. The Report enters at length upon 
the subject, and points out certain primary defects in the 
method and scope of inquiry, and certain errors of conclusion 
which have naturally resulted from those defects. The 
Report concludes with a desire for a careful personal inquiry 



Introductioiu xli 

in the various localities throughout the country before legis* 
(atlog permanently on the details of sanitary administration. 

In addition to those already mentioned^ the following are 
fifflong the subjects which have occupied the attention of 
the various Committees during the Session: — The Public 
Prosecutor's fiilli the Repression of Crime, the School 
Boards, the Opium Traffic, Adulteration, the Metric System 
of Weights and Measures, International Coinage, the Licensing 
System, International Arbitration, Prison Labour, the Sani* 
tary Laws, the relations of Labour and Capital, and the 
Mines Begulation Bill. 

The Council have to report with regret during the past 
year, the loss by death of the following members of the 
Association — William Murray, £Isq., Alexander Collie, Esq., 
of Glasgow, Henry Bobinson, Esq., of Settle, Sir Baldwin 
Leighton, Bart, Mrs. Manning, W. Pollard-Urquhart, Esq., 
M.P.9 Edward Lawrance, Esq., J. B. Jeffrey, Esq., Charles 
Buxton, Esq., M.P., E. W.. Field, Esq., A. J. Johnes, Esq., 
Right Hon. Edward Lucas, J. Eolge Manning, Esq., James 
Newlands, Esq., C.E., Caleb Williams, Esq., M.D. 

The next Annual Congress will be held in Plymouth 
and Devonport. 



EDWIN PEABS. 



January, 1872. 



pams 



THE RIGHT HON. SIR JOHN S. PAKlNGT0yp6uiT,i' 
JI.P,, G.C.B., ' 



PRESIDENT C 



HE aSSOCIATION. 



F il eliould be thought, aa I fear it may be, that I am guilty 
of presumption iti having conscntcfl to accept an office, 
bich hii3 been lield through a series of ycnrs by a eucceealon 
tbe must nhlc niiJ distinguished men of our time, I trust you 
ill nllow me, at least, to share the blame with those at whose 

Bueat I bnvc ventured to umlertake it. 
thas been my rule in life to leave others to deci^le in what 
HilionB they thought I could be useful, anil then to da my 
tst to justify the selection ; and that is the principle on whicli 
am acting now. Fourteen years have passed away since I 
i ihc honour nf taking part, at Birmingham, in the first 
leeting of ihis Aasoclution. Under the presidency of tiiat 
pent and didtinguiiihed friend of progress, Brougliam, whose 
iiierest in our usefulness and success ended only with life, and 
•illi Lord John Russell, Lord Stanley, the then Bishop of 
Lomlon, now Archbishop of Canterbury, and Sir B. Brodie, 
41 my colleagues in the chairs of Departments, I was entrusted 
tiiat occasion ^vith the Department of National Education; 
oil a considerable portion of the address, to which it is now 

Sut iif my duty to request your indulgent attention, will be 
evuted to the present position of that most imporlant, but 
pill unsettled and anxious subject. 

If I remember rightly the character of the opening addresses 
jleJivored by my predecessors, they have usually einbodied the 
fttwi of the president upon the special questions suggested 
H discussion during the progress of the Congress. 
I Jo not propose to follow those precedents. The special 
UHioQS which now await the consideration of this Annual 
teCJag have been selected with great judgment, and involve 
bjects which ought to be settled as soon as possible by the 
tgiJature, as being of the highest importance to the public 
leresls. They include our systein of legal education, the 



2 Opening Address. 

beet constitution of our local courts^ our sjsten^ of prison duci- 
pline^ the education of girls^ and the care of neglected children, 
the utilisation of town sewage, the laws for licensing public- 
houses, the principles of local taxation, &c. Subjects of such 
magnitude and difficulty can only be considered satisfactorily 
when brought forward separately, and when I see how eminent; 
and distinguished are the names of the gentlemen to whom^ 
respectively, the introduction of these questions has been 
entrusted, I think it would be most presumptuous on my par€ 
if I were to attempt to anticipate the subject-matter of thosG 
addresses to which we all look forward with interest. 

I prefer to touch, during tlie time for which I shall ventura 
to detain you, upon some of those questions which affect mora 
or less directly the character and position, and thereby the 
happiness and contentment, of the working classes of thia 
country. The Importance of this subject cannot be over-rated 5 
and there are few, if any, questions of the present day which, in. 
my opinion, more urgently require attention. It involves not- 
only the temporal and eternal welfare of vast masses of our 
countrymen ; not only our character as a civilised and Chris- 
tian people ; but it involves also the permanence of that manu- 
facturing and commercial prosperity, upon which our national 
greatness and power so much depends. I hope I shall not be 
misunderstood if I here express a wish, founded upon my long 
experience as a member of the House of Commons, that the 
attention of successive administrations and successive Parlia- 
ments could be somewhat more devoted to those questions of 
domestic importance to which I am now referring, and some- 
what less occupied by questions of mere party interest. 

I do not propose to enter into the question of trades unions. 
It is, I think, now generally conceded, that the objections to 
trades unions have arisen, not from their use, but from their 
abuse. This Association had been in a high degree instru- 
mental in producing in the public mind a juster and wiser 
estimate of the objects and rights of these bodies. The report 
of our Special Committee on Trades Unions and Strikes, pub- 
lished in 1860, as a separate volume, contained a large amount 
of useful information on the subject, and anticipated, in a 
considerable degree, the labours of the subsequent Boyal 
Commission. 

To such combined action as may be fairly required to pro- 
tect the interests of industrious men, and as may be conducted 
without injury to the interests of the public, or to the personal 
liberty of individuals, no reasonable objection can be felt. 
The Legislature has now passed an Act to place these unions 
upon a proper footing, and there is reason to hope that in 



By/Afl Ri. JTm. Sir John S, Paltiti^, St., M.P., G.G.B. 

most Cttsea, if not in all, the differeoces which may from time 
to time ariao between m;isters and workmen may be settled 
lunicably by nibitratioTi, rather than by those angry and pro- 
tmcied struggles which have too often inflicted severe and 
'listing injury on botli jmrtics. 

r But I confess to tho belief that it is to improvement of the 
hDcial status, the intcltcctual training, and the moral tone of 
the sldlled workman that we must mainly look to avert an 
visional repetition of that violence and crime which, not in 
ptoo locality alono, but in several, have shocked the moral 
KQse of the public, and tarnished the good name of the British 
vtiaaa. 

At (ho head of those questions which affect the welfare of 

* c working classes, slill stands the'grcat subject of national 

tducatioTi. I have already alluded to this subject as being in 

Ksrtatc not free from anxiety. It is much to the credit of tlic 

Tpresent miuisters that eince their accession to office, two most 

1 valaable measures for the promotion of education have been 

I pa^^d. The Endowed Schools Act passed in the Session of 

, and the Elementary Education Act of 1870, are two 

I Erent steps in advance, but they nuiet be regarded as the 

laundBtion of the changes which arc necessary, rather than as 

the final settlement ot the problem which has been so long 

uiii Eo warmly debated. 

I rejoice to see that the Education Department is to be 
under the guidance, on this occasion, of so old and able a 
I diiuiniou of National Edueation as my honourable friend 
Mr. Baines, your respected ropresenlativo- My honourable 
(rieuii and myself have long been fellow labourers in this great 
cw»e, and though we may sometimes have differed as to the 
aixlut ofieraiidi, I believe we have ravely, if ever, differed as 
tofither the Ciid to be achieved or the principles on which it 
I oi^lit to be established. 

I Ilio special questions appointed for discussion in this dc- 
I parlDtent are, no doubt, important, especially the two iirst, 
relnting to the requirements for the improvement of the 
eJucotion of girls, and the difficult subject of compulsory 
ittendance; but I trust that, under the competent presidency 
nf my honourable friend, our discussions will be further ex- 
tended, and that the whole state and prospects of National 
EducattoQ in England will come under consideration. This 
ippearB to me to be very desirable on several grounds, but 
cipecially ou the ground that notwithstanding the two great 
me«gures to which I have referred, and they must be admitted 
to be great measures, I think there are signs that the Govern- 
mint are not duly impressed with the extent to which the 



4 Opening Address. 

future of this country depends on the manner in which this 
subject is treated, or with the absolute necessity that prompt ' 
attention should be given to those important^ practical points 
which arc as yet unsettled— some, indeed, as yet almost un- 
touched. In expressing this opinion I desire to guard myself 
against any suspicion that I am influenced by party motives. 
I am aware that anything like party feeling on the part of 
the President of this Congrc.<s would be improper; but I also 
think there are some who now hear me who can confirm me 
when I say that I have never allowed my connexion with politi- 
cal party to influence my conduct for the last twenty years on 
the subject of National Education. Indeed, if my humble 
eflbrts on that subject have at any time involved me in party 
diflerence, it has been, not with my political opponents^ but; 
rather with the friends with whom I have usually acted iim. 
public life. It is, therefore, with reluctance and regret, rather" 
than with any party feeling, that I feel bound to avow my^ 
opinion that the present administration, like most of theic~ 
predecessors, under our present system of government ar^ 

}>rone to think too much of what is good for the party, and to<^ 
ittle of what is good for the people. 

I wish also to guard myselt against any appearance of 
speaking with the least approach to disrespect of the right 
honourable gentleman the Vice-President of the Privy Coun- 
cil, to whom we must, I presume, for the present look as 
being in fact, though not in form, the Education Minister. 
On the contrary I shall, I am euro, meet witli the unanimous 
concurrence not only of all who hear mc, but of all true 
friends of education, when I say that, although differences 
may have arisen between certain parties on isolated points, 
we are all indebted to the right honourable gentleman for the 
great ability, the perfect mastery of complicated details, and 
the admirable calmness and temper with which he prepared and 
carried through the House of Commons the Endowed Schools' 
Act and the Elementary Education Act. 

But the right honourable gentleman must not suppose — 
indeed he cannot, he does not suppose — that, having added 
these two measures to the Statute liook, his work is done ; it 
is only commenced ; and I must in candour say that, whatever 
may be mv feelings as a party politician as to the hands in 
which I should desire the government of this country to be 
placed, I should regard any change which caused Mr. Forster 
to leave the Education Department as being, to that extent, a 
public misfortune. And I am thus led to refer for a moment 
to one serious blot, as I venture to think, in the Elementary 
Education Act, I mean the omission of any change in the 



Pv'A-J Itl. ITon. Sir John S. PaBnfffm, Bt., M.P., G.C.B, 5 

constitution of the Education Department, with a view to the 
sppointinent of a distinct Education Minister as a High 
Officer of State, with a scat in the Cabinet. It is true that 
we have at present two education ministers, bolh in the 
Cabinet. The two miiiistera who sit in their office as chief nnd 
luhordtnate — president and vice-preeident — ait in the Cabinet 
aseqiiuU; and when they appear in Parliament to transact 
the bnsiness of tlie deparlmect there, their departmental posi- 
tions are reversed — the vice-president is practically the chief, 
and the president practically the subordinate ! Thia state of 
ftRairs is eo anoaialous as to approach the ridiculous, and it 
must not be allowed to continue. 

And as a practical result of this absurd division of authority, 
I will ask you to bear in miud that during the late Session of 
'Parliament, we may almost be said to have had no education 
ister at all. In as much as one of the two halves which 
Ipose the education minister, as at present constituted, 
I sent oft' to America to negociate a treaty with the Govern- 
icnt of the United States, while the other was called upon 
nndertnko the arduous and difficult duly of conducting 
Dugh the House of Commons a warmly contested Bill to 
estnbjisli voting by ballot at parliamentary and munioipal 
(lections. I am not surjirised at the selection of Mr. Forster 
for that duty. It was not an easy task, and it required 
eiactly those qualities of which he had shown himself to be 
in an eminent degree possessed; but this consideration offers 
no consolation to the rriends of education, thou";h it explains 
vhythc arrangement suited the convenience of the Govern- 
ment; the result of all this has been that while numerous 
imptirtant questions have been pressing for settlement, little 
hs been done. It is not possible that a minister, thus bur- 
dened with extraordinary duty, can properly attend to the 
details of his own department ; and can he be blamed if when 
the labours of such a session are concluded, he feels obliged to 
seek complete repose ? Yet it is notorious that at this moment 
lliB Education Office is overburdened with work, and that 
liie progress of its duties has been seriously impeded, because 
tliere has been no official at baud of sufficient authority to 
liltend to the business. Is it too much to say that this 
misfortune could not have occurred if the Vice-President had 
Dul been withdrawn by party exigencies from working out 
the provisions of his own measure? 

I must repeat my hope that my motives for what I have 
just said will not be mistaken. The friends of education feel 
the importance of having an able minister placed at the head 
of a distinct department. A change more important than 



6 Opening Address. 

ever since the passing of the two Acts to which I have re« 
ferred) and I venture to think that if the country had had the 
benefit of such a minister during the present year, the Govern- 
ment would not have ventured to send him either to Americi 
or to the Ballot Bill ; and I further think that if Mr. Forster 
had been that minister, he would have declined at so critical 
a time to leave the duties of his office. 

I trust the Government will be sensible of the necessity of 
putting an end to such anomalies, and that one of their earliest 
measures will be to create the new office so urgently required, 
and to enable the country to feel that all the various branches 
of this most important and difficult subject are in the hands of 
a competent minister, bound to conduct it with undivided 
responsibility, and to devote to it undivided attention. 

Mr. Forster brought to the fulfilment of his official duties, 
an intimate knowledge of the whole subject, and I think he 
acted with wisdom in devoting his attention in the first in- 
stance to those educational endowments scattered in useless 
profusion over the whole country — intended by their founders 
to supply in their respective localities those educational de- 
ficiences, of which intelligent men even in those days felt the 
extent — but which have dwindled down under the influence 
of long neglect, till we see them, in a great majority of in- 
stances, mere valueless illustrations of the good intentions o£ 
the past, and painful proofs of the short-sighted negligence of 
the present. 

I, at least, may be allowed on the present occasion to ex* 
press my satisfaction at the determination of Mr. Forster to 
grapple vigorously and immediately with that great blot in. 
our educational system, for this was one of the subjects to 
which I ventured to call the attention of the Social Science 
Association when I presided over the Educational Department 
at their first Congress in 1857. I then said, " We are very 
apt to suppose that the only difficulties are those which have 
arisen with respect to the working classes." 

I hold this to be a great error, because I know that a large 
portion of the middle classes find themselves in a position of 
great difficulty on this subject. It is the small tradesmen, 
tiie small farmer, and others of that class, who know not 
where to obtain good education for their children, and who 
find themselves obliged to pay dearly for a bad article. 
Connected with this part of the subject there is another 
of great importance — I mean the small endowments in 
England for education. I am happy to state that papers 
on this subject will be read — with regard to the miadle 
classes. I have already alluded to^the difficulties they fed» 



hy the St. Hon. Sir John S. Pahington, Bl., M.P., G. C.B. 7 

^^ which have been preesed upou mc in many communica- 
(Ds from persons in that clasa, pointing out, in touching terma, 
p disadvantages under which ihey suffer. These observntiona 
■e followed up on several occasions by my eucce^Eora in 
Chair of Education ; and in 1864 our Council sent a 
putation to Lord Palmerston, then Premier, to urge iho 
ipointment of a Koyal Commission to inquire into these 
idowments. This application was grunted, and the Sohools 
quiry Commission led to the fiassing of the Endowed Schools 
^, and the existence of the Endowed Schools Commission. 
«ae schoola are thus being brought once more into useful 
Mvlty, and the Association may, I think, look back with 
{culiar gratification on the history of tbis question. 
But the Endowed Schools Ac^ na submitted to the Hoase 
Commons, was not limited to the clauses relating to endowed 
iWla. There was attached to it a second part, by which it 
yu proposed to create a Council of Education, to which were 
Ib be entrusted several important functions, and especially 
K»e which related to tlie supply of duty-qualified masters for 
i( different classes of schools. Before the Bill left the House 
I Commons, this second part was given up, and wo have as 
jrel beard no more of it : 1870 passed by and Mr. Forster was 
Wcupied with bia great task of the Elementary Education 
Kll — no one will complain of that — but 1871 has passed by, 
ud Mr. Forster was occnjiicd with the Ballot Bill ; the Ballot 
liU will no doubt be brouglit on again next year, but let ua 
iofi that Mr. Forster will not again be requested to take 
.dirge of it. Let us hope that in his skilful and competent 
ktada we shall then have the second part of the Endowed 
Schools Bill introduced as a separate measure. I do not wish 
to be understood as committing myself to every detail of that 
fKand part, but, speaking of it as a whole, I do feel regret, 
ud I have beard it made the subject of much complaint, that 
>e whole of the Endowed Schools Bill, with such amendments 
I Parliament might have adopted, was not passed at once. 
ie increased progress to which we may now look forward 
I the various branches of our educational system, makes the 
ly of quahfied masters a matter of primary importance, 
tne loss of even two years is serious. 
In considering the present noaition and prospects of elcmL-nt- 
y education, it is iuripossible not to be struck on the one 
nd with the magnitude of the task before ua, and of the 
brts which will be required to compensate for long and 
imeful neglect, and with the importance of points which 
bain unsettled or untouched; and, on the other baud, wc 
tet in justice acknowledge and admire the bold and compre- 



8 Opening Address. 

heneive spirit In >yhich the Vice-President shaped his grei 
measure of last year, and, steering it with infinite skill throng 
all the ^conflicting views which arose from opposite qoarten 
succeeded, to the delight of all true friends of proness an 
intellectual cultivation, in passing a measure which, if nc 
supported with unanimous approbation in all its parts, all, i 
least, were willing to accept. Thus fulfilling 'a prophec; 
which I once ventured to make in an address on this questie 
at Manchester — " No. This subject can only be settled — an 
I believe it will be so settled — when the Ministers of th 
Queen shall determine to mpple with it, with courage an 
determination." I am glad I have lived to seethat prophec 
fulfilled. 

But I have just declared my opinion that the task befor 
our Government is still one of magnitude and difficulty. 

What have been the specific demands which have bee 
persistently urged by the friends of education through thei 
protracted fight? They asked for religious freedom undi 
the protection of a conscience clause, and that what wi 
called the religious diflSoulty should no longer impede ^enen 
education. This has been conceded, not perhaps in tli 
shape most to be desired, but it is conceded. They askc 
for the power of levying rates so that education shoul 
no longer be subject to the uncertainty of voluntary efiTort, < 
be impeded by financial difficulty, and that public aid shoo! 
no longer be confined to those districts whicti were best ab 
to provide for themselves. This, too, has been concede 
They asked that excessive centralisation should be supersede 
by a system of local agency, in connection with central auth 
rity. They asked that the unequal area of parishes should I 
disregarded, and school districts be established in such mann* 
that every child should have a school worth attending with 
reasonable distance, and that the numerous educational endoi 
ments, now almost useless, should be reformed and ma4 
available. These demands have also been conceded* At 
lastly, they asked that the anomalous " Committee of Count 
on Education " should cease to exist, and that a minister 
public instruction, with a properly organised Departmen 
should be established. This nas not been conceded as yet, h 
it must come. 

We thus see, and we should thankfully acknowledge, th 
the comprehensive Act of last year has, with the one excepti< 
mentioned, fully and generously met the deficiencies whi< 
had so lonff been the subject of complaint, and ior whi< 
legislators of all parties had repeatedly, but vainly, attempted 
provide a remedy. 



ifihe Rl. Hon. SirJohnS. i^Lt^t^ttm, Bl., M.P., 6.C.B. 9 

Hcnr tlieii am I jtistifie<J in eajing that tins great subject 
i in an ansetlletl state ? One reason requiring the early 
in'l c«reful attention of either central or local authorities is 
the great and unduubtetl inferiority of a large proportion of 
\ksm ecliooU which wo include in all statistical statements 
Dt cur educational means, and to which we at present trust 
I fur the training of children in those numerous areas for which 
they profess to act. Ample proof of this inferiority may be 
found throughout the last report (1870-Tl) of the Educational 
Department. 

Id the report of the department the following passage occurs. 
After referring to the unsatisfactory results of esaminationa, 
it in said — '* These results, though they show a slight improve- 
i u])oii previous years, are far from satisfactory. We 
Ini9t tnat the provisions of the new code, and the working 
of the Education Act, will, ere long, cfieot a marked change 
iothe number of children found in our schools, in the regu- 
\aiij of tbeir attendance, and in the standard of instruction 
Ipwhich they rise." If we turn to the Inspector's reports 
' la general statement from the central office is more than 

ifirmetl. 

I The Itev. Mr. Mitchell, after stating some improvement 
■ihe schools of his district, adds — " There is still, however, 
■Jearful amount of back-w;iy to mnke up, and it is only those 

'aols marked good (i.c,, leas than halt), which can be said 
logive anything like a real substantial education to the ma- 
jorily of their scholars," The fair inference from these 
sUtements, supported by numerous others of a similnr 
nature, is, as 1 have already said, that Ihe education minis- 
ter hoH still before him, a large and heavy work; and so 
fur as these deficiencies are concerned, we may, for the 
present, be content with joining in the hope expressed by 
' tlic Department that they will, under the operation of the 
"new Code and the new Act, be gradually corrected. 

But there is a more serious cause for anxiety in the present 

icpeet of that religious difKculty which so long constituted a 

^mful aud fatal impediment to the adoption of any national 

9jatm. I think I am not exceeding the truth when I state 

Dij belief tlmt it is dc.<ired by an overwhelming majority of 

tile people of England of all religious denominations — Church, 

■fiotestant Nonconformist, Roman Catholic alike — ^that reli- 

) teaching should not be excluded from our schools, I 

Eelievo the advocates of secular schools to be in a very small 

Isunarity — I am of course assuming, when 1 express this 

1 ciMuiun, that a secular school is one in which no religious or 

iripture teBching is penmtted ; and I believe that of the 



10 Opening Addrui. 

small minority who would send their children to euch a 8oho( 
the greater part would be influenced^ not by any desire thi 
their children should not receive instruction in rcliffioni bi 
by a fear lest from the instruction given they should be led 
form opinions of which the parents would not approve. 

I think it will be admitted by all who concur in the beli 
that a great majority of the people desire to have religioi 
instruction in our schools^ that the enactments in the Edue 
tion Act upon this most important subject, touching as it do 
the deepest feeling of our nature, are in fact a compromise 
conflicting opinions, and a compromise of a most liberal cha 
acter. It is left to denominational schools which contini 
their independent action, to teach just as they have hither 
taught, suDJect only to the indispensable condition that tl 
conscientious feelings of all parents of pupils who dissent fro: 
such teaching shall be respected. In schools established I 
School Boards perfect liberty is given to the boards, subje 
only to the restrictions that no religious catechism or distim 
tive religious formulary shall be taught — that whatever n 
ligious teaching is given shall be ^iven at specified hours — an 
that objecting parents may at their own option withdraw thei 
children from the religious teaching of the school whatever i 
may be. Whatever objections to this compromise may b 
felt, it is difficult to believe that any can be founded on it 
not being sufficiently liberal. It is a compromise to whid 
the sincere advocates of full denominational teaching in ele 
mentary schools gave a reluctant assent, and it might haT< 
been sanguinely hoped that it would have been accepted oi 
all sides in a really liberal spirit. 

But we are told that these hopes are to be disappointed"- 
we are told that not only in Local Boards, but in Parliamenti 
this painful battle is to be fought over again, and that du 
portion of parliamentary time, which might be devoted tc 
continued progress in the great work of intellectual cultivir 
tion, is to be occupied in petty stmggles for sectarian ascend* 
ency. I will hope for better things. In contending, as ] 
have always done, that the religious question in educatioi 
ought to be settled on a basis of liberal consideration for tb 
views of all, I have met with much of that narrow and in 
tolerant spirit which is too often the result of excessive zeal 
and of implicit faith in the correctness of our own opinions. \ 
have met with it in Churchmen. I have met with it in Noo 
conformists. I have experienced the difficulty of indudn; 
conscientious men of strong opinions to make liberal concea 
sions to views which they honestly believe to be erroneom 
But when an overwhelming sense <» the necessity for brin^ 



ftht RuBon. Sir John S. Paiaiffton, St., Hf.P., G.C.B. U 

protracted agitation to a close had led that aide in the 
overey, which I think certainly has not the best of the 
lin, to acccjit the Act as it stande, and to reaolve to carry 
At in good faith, I feel that we had a right to expect that 
, should be met in a eimilar epirit. It ia ileeply to be 
^ted that an intention to revive this agitation has been 
Sunced. It appears that one ground of complaint has 
fcdy arisen, and that another is likely to arise. That 
Hi has arisen relates to the power conferred by the Act 
School Boards, where compolsory attendance has been 
ted, to pay the fees of school children in cases of proved 
irty of tne parents, 

is now sought to impose a restriction on the exercise 

is power hy making it a condition of such payment of 

'that the children shall only attend schools connected 

' the Board, and shall not be allowed to attend any de- 

balional school, whatever the wishes of ihe parents may 

' Considering the quarter from which this suggested 

l!ctioa is said lo proceed, it is impossible to regard it 

out surprise. It ts probable that in practice such ques- 

I will not often occur, but the principle involved is im- 

int; it is in fact, so far as it goes, the principle of 

pou9 liberty, and 1 do not see how it can be thought 

Kslcnt with cither charity or true libendity, to take ad- 

Btage of the poverty of a parent to compel him not to send 

n children to that school for which on account of its re- 

p'TUa teaching, or on any other ground, he may feel a 

micrence. Let us suppose the case of a Roman Catholic 

^Id whose parent is reduced to poverty, and applies to 

' School Board to pay the fees of a Roman Catholic 

dOI, and that the answer of the Board should be, *' No, 

irill I>ay your fees, but only on condition of your child 

IE to one of our own schools." I think such an answer 

i only be regarded as nn act of tyranny towards the 

Hunatc parent, and let us hope that the Education De- 

uent will be firm in their determioation not to sanction 

iye^aws which would so control the discretion and liberty 

^onts. 

B other cause of difficulty which seems too likely to arise, 

vhich will, I think, require much caution and cure on the 

'of both school boards and the central authority, is the 

uon In what manner, and to what extent, can religious 

tction best be given without violating the spirit or the 

of the provisions of the Act? It is distinctly enacted 

lUso 14 that in schools, provided by school boards, "no 

DU8 catechism or religious formulary, which is distinctive 



12 Opening Address. 

of any particular religious denomiuation^ shall be tanglit in ib 
school. H0W9 then^ is religious instruction to be rifwtJ 
We must hope that in a great majority of cases school bondll^ 
will not consent to exclude religious teaching from thoi^ 
schools? If SO9 is it likely to be generally satisfactory thift 
religious teaching should be limited to simple reading of thi 
Bible! I believe not. There remains, tnen, the difficdl 
question, in what manner religion shall be taught? A eola- 
tion of this question, which seems well worthy of consideralaoa, 
has been suggested by a reverend friend of mine (Oanoft 
Melville), to the effect that in schools, in which religioni 
instruction is to be given, boards should authorise ikt 
teaching of the Lord's Prayer, the Ten Commandments, 
and the outline of the Christian faith. The best mode ot 
accomplishing this latter object would be by the Apostles* 
Creed, but if that should be held to be inconsistent with 
the restrictions in the Act, there would be no difficulty in 
selecting passages from the New Testament well adapted to 
effect the same object. 

I will dwell no longer on this part of my subject than to 
repeat my hope that we may be spared a repetition of a painful 
conflict, and that the points of difficulty to which I have re* 
ferred may be adjusted in a spirit of Christian charity, rather 
than of sectarian jealousy. 

Another subject connected with this great effort to improve 
the education of the people T cannot pass over. I mean the 
novel, difficult, and all-important question of compulsory at- 
tendance at school. I see amongst the special questions for 
our consideration — **In what form, if any, can Compulsion 
be best applied ? " As, therefore, the subject will bo discussed 
in our Education Department, and we shall have the advan- 
tage of hearing the views of its experienced President, I 
shall at this time limit my own observations to saying that^ 
while I am conscious of the difficulty of the first commence- 
ment of a system of compulsion in the present state of this 
country, I consider it indispensable that the attempt should 
be made. I observe, with very great satisfaction, in the 
Report of the Education Department for this year, not only 
that the Department is giving to this subject "the careful 
attention which is demanded by its importance and novelty," 
but that bye-laws enforcing school attendance have already 
been approved for the Boroughs of Liverpool, Stockport, and 
Bootle-cum-Linacre, at the request of the education boards of 
those places, and that similar bye-laws for several other im- 
portant towns were under the consideration of the Department 
when that report was published. 



fduJii, Hon. Sir John S, Paiwgton, Bi., M.P., G.C.B. 13 

Its looks well ; but it ie in tbc rural districts that the 
;eet difficulty in the adoption of a compulsory system will 
lund, and it is there that tho most careful consideration 
ic Education Minister will be required. 
iDuat uow ask your permission to ailvert for a short time 
branch of this great subject which lias hitherto received 
— I may almost say no — attention from either Parliament 
le public, which nearly aft'ects the welfare and prosperity 
«ur i^killvd artisans, who arc conscious ol their own disad- 
vautages in this respect, and anxious for their correction, 
uid which touches no less directly the manufacturing and 
enoimercial interests of the country. I allude to technical 
eiiocation. 

\\'e cannot wonder, when we remember through what a 
length of time the elementary education of the people has been 
left to chance aud cliarity, and what was and is a national 
doty has been treated as an individual hobby, as part of the 
putoral duties of benevolent ministers of religion, and sup- 
ported in a great degree at their own expense, from their own 
uRow means — wo cannot wonder, 1 say, when such has been 
tlie treatment of indispensable elementary education by this 
great and enlightened country, aa we consider ourselves to be, 
tliat the scientiSc triuning of boys, to tit them fur those occu- 
pations and trades by which they were to live and prosper and 
gaia reputation for themselves and their country, has been 
almost winJly neglected. We must take care that we do not, 
btfora long, suffer very seriously for this neglect, and without 
gloijjung to consider where the blame should rest, let us rather 
look lo the future, and remember that " it is never too late to 
mend," 

There are consequences of this neglect easily to be Been, and 
which we cannot atford to disregard. " We must take blama 
to ourselves for having allowed many branches of trade, skill, 
and commerce, which yielded to England the greatest remu- 
nenitiim, brought to her commerce the greatest reputation, 
mi afforded to her people the highest wages and best work, 
to pass away into the hands of better educated people, in 
foreign l^inds guided by wiser heads." These last words are a 
ijuoiation from Mr. Scott Kussell's able work upon "Technical 
Kducation," a work which 1 wish was in the hands of all who 
feel interest in either the national mauufactures, or our 
URtioaal education. 

In England technical education may be said to be provided 
for some of the higher classes of professions in our universi- 
ties, and in other bodies, such as Medical and Engineers' Col- 
wes, and something has been done in lioyal Schools by tha 




14 Opening Address* 

Government. I have myself taken a humble but zealous pirt 
in the establishment of the Royal School of Naval Architi^ 
ture, which is flourishing and doing good service under moit 
able management, at South Kensington. There is also ihi 
School of Mines in Jermyn Street. There is the Collie d 
Chemistry, the Agricultural College at Cirencester, and soiii 
others ; but, in the sense in which T am now speaking, I agree 
with Mr. Scott Russell, that, '' as a rule, technical educatiot 
does not exist." And what is technical education ? Mr. Biu» 
sell's answer is — 

'*By technical education, I mean not that general education whidi 
we all ought to have, and which helps to make us intelligent, abl% 
good men, but that special education in our calling, which should It 
and enable each of us to discharge in the best manner the special 
narrow round of duty by which each citizen fills his own personal 
place in social life." 

I have said that the more intelligent of our English artisans 
have become conscious of their own disadvantages in tliis 
respect. 

At a meeting of representative men of this class, held in 
London early in the present year, their views as to their own 
most important requirements were drawn up under sever 
heads, oi which the fourth was — 

'' In addition to schools for elementary education, there should b 
provided schools for practical knowledge and technical skill in th 
midst of their homesteads." 

This is a sensible and reasonable demand. . It is creditabl 
to the men who make it, and it behoves our Government no 
to disregard it. This feeling on the part of our most intelli 
gent artisans may be mainly traced to the lessons they hav 
been taught by those international exhibitions which hav 
been one of the leading features of the history of the last fei 
years, and for which we are indebted to the wisdom and fore 
siffht of that great and good prince, whose loss we still lamen 
The best tribute we can pay to his memory is to bear in min 
his example, and to follow, as best we may, in the road^ h 
pointed out. These exhibitions have taught the nations < 
jSurope to know their true position, and to understand thei 
real advantages and their real deficicnces. It was, I think, th 
Paris Exhibition of 1867 that more than any other opene 
the eyes of Englishmen to the rapid rate at which other pad 
of Europe were passing us by. Other exhibitions had give 



\B<jt}te Rt. Hon. Sir John S. Pahiujton, Bt. M.P., G.C.B. 15 

broiul hints nntl mnde ns unoAsy, but by the Exhibition of 
1867, 08 Mr. Scott RuescU well says — 

"We were rudely awakened and thoroughly alarmed. We thon 
jurned, uot that we were equalled, but that we were beaten — not on 
une points, but by some nation or other, on nearly all those poiuta 
n which we had prided ourselvea," 

* Our Government was at last alarmed and eent commis- 
lo report whether the alleged defects of our technical 
II were reiilly as j^reat a» supposed. The Schools Inquiry 
/nmini^sioQ also, then silting, requested information from 
bme of the eminent jurora who represented England; and, 
uHy, the Society of Arts adopted the simple but most wise 

■purse of oiTcring to pay the travelling expenses of such Eng- 

uh artisans as wished to study their own branches of trade — 
equiring only in return that each should report in writing 

plutlhe had seen and learned. All these sources of inforraa- 
■ valuable in no ordinary degree, but I think the last 

jii the moat so. These reports which are published and open 
all, show what is thought by the ablest members of this 

[^Bssof their own state of skill, and culture, and knowledge, 
2 them a fair right to approach the Government of their 

Boumry with that rational requirement which I have just 

^ (Kited. 

[ (Some of the answers of the Paris jurors to the Schools 

!^m mis'! ion, are most striking and most painful. 

'' Dr. Lyon Plnyfair, who must be ailmitted to be a high 

mthority, eaya: — 

" Out of ninety classes there are scarcely a dozen in which pre- 
emiiieDCQ is unhesitatingly awarded to ub. . . . The one cause 
o( ihia, upon which there was most unftnimity of oon»iclion, is that 
FnDcc, Prussia, Austria, Belgimn, and Switzerland possess good 
•ystems of inJustrinl education for the ninsiers aud managers of 
nuiDufactoriea and workshops, and England posKSiea none." 

Mr. Mundelta'e statement hajj peculiar value, because he 
hM been lon^ connected with Inrge manufacturing establish- 
ments in England and in Saxony, lie says: — 

" I hare for four or five years past been increasingly alarmed for 
our induatriat etipretnacy, and my experience of the Pui'U Exhibition 

ha* only confirmed and strengthened my feais The 

mnirasi between the workpeople of Saxony and England engaged 

hi (hu stuns trade is most humiliating ; I have had statistics taken of 

irorkjhDpe and rooms iu factories in this district, and the frightful 

I Ignomuce they reveal is disheartening and appalling. In Saxony our 



16 Opening Address. 

manager, an Englishman of superior intelligence, bas never met, it 
seven years, with a workman who canDOt read and write— not in tli 
limited and imperfect manner in which the majority of EngU 
artisans read and write — but with a freedom and familiarity tfat 
enables them to enjoy reading, and to conduct their correifiondeM 

in a creditable, and often superior, style I am o( 

opinion that the English workman is gradually losing the race, throii|^ 
the superior intelligence which foreign governments are carefnUj 

developing in their artisans If wo are to maiotua 

our position in industrial competition wo must oppose to this natioml 
organisation one equally effective and complete; if wo continue the 
fight with our present voluntary system, we shall be defeated. Qm 
orations hence, we shall be struggling with ignorance, sqaabr, 
pauperism, and crime ; but with a system of national education uaA 
compulsory, and supplemented with art and industrial education, ] 
believe, within twenty years, England would possess the most intelfi* 
gent and inventive artisans in the world." 

I wish time permitted me to quote more of these in8tructiv< 
and intereeting reports, but I must read a passage in Mr 
Scott Russell's booK, relating to Prussia : — 

''An English statesman, after long residence in Prussia, one 
assured me that he regarded the despotism of Prussia as more absc 
lute than that of Russia, and the high aristocracy of Prussia main 
tains its power to this day, yet the king consented to pavo the wa^ 
to democracy by universal education, and the aristocracy consente* 
to raise the middle and lower classes to that kind of social equaltt 
with themselves ; there, too, as with us, religious scctarianiio 
flourished, Calliolics and Protestants, Lutherans and Calviuists, hatet 
each other with the same cordial hatred with which we Christians ii 
England hate one another, yet the despot, the aristocracy, the middle 
class, and the people, all united in one great national act of seU 
culture." 

I cannot add, as I should like to do, extracts from th< 
reports of the workmen, but they are nil to the same sm 
effect, and it is impossible for any one to read them withou 
sharing the profound conviction of the writers, as Mr. Scot 
Russell justly says, first, of the pressing peril of the natioi 
with regard to manufacturing pre-eminence, second, of tb 
culpability of the educated classed, and of the Executiv 
Government, in having £0 long neglected the education of th 
people. 

Perhaps it may be doubtingly nskcd, are these things true 
and the late satisfactory returns of the Board of Trade may b* 
appealed to ; the evidence, however, is unimpeachable. I ma] 
be told you are repeating an oft-told tale — ^I answer it is knowj 



\ByfheJiL Bon. Sir Mn S. PaHngton, Bt. M.P., G.C.B. 17 

h) the fev, I wi«b to make it known to tlie nmny. The object 
ri such ui Association as this is to bring together those who are 
mveraant with these sociii] eubjecta, so that each xaa.y tnnko 
ii wntribution to the stock of knowledge ; and that tlms, 
i^rou^h the agency of the public press and our own reports, 
miiy disseminate information, and influence the opinion of 
Btfie nation and the proceedings of Parliament. 
W The question of technical instruction of the people is one 
Bwhich cannot wait. This is not a time for the Minister of 
VEJucation to be n^otiating foreign treaties, or beljiing to 
■Iteer difficult party Bills through the rocka and quicksands of 
^e House of Commone. The enemy is at the gate, not in 
■the sh«pe of fleets or armies, but in the shape of a rivnlry in 
ft]iuDufa«ture6 and trade, in which, if wo fail to maintain the 
■irailion we have hitherto held, our national prosperity will be 
I undermined, and England's weallh, and power, and greatness 
I iriil be a story of the niist. Let us, then, be wise ere it is too 
I.Ule. The train is behind time, and if the guard cannot 
|tsc<>vcr bis lost ground, there will be a collision, in compa- 
i rison with which the laie prostration of unhappy France will 
\ he K nothing. The depression of Franr.e will be ephemeral — 
I tfaeruin of England would be enduring. 

But, important as I consider this subject of technical educa- 
ioQ to be (and 1 earnestly hope that the views I have ho 
"-tlronjrly expressed will go forth as sanctioned and approved 
by this Association), we should bear in mind that there are 
other respects in which the skilled workmen of this country 
_Cwisider thetr position to be nnBatisfnctory, and especially 
1 they compare their position with that of men of the same 
s in other parts of Europe, This is a delicate and difficult 
, especially at the present time, when we are didly dis- 
rbeJ by rumours of iuternational organisations for political 
Mir poses, and when we know too well that there are not want- 
B'^ men who devote themselves to attempting to inspire the 
unds of our working classes with feelings of discontent and 
^lisaffection, and so to make them instruments for the accom- 
plishment of revolutionary objects. 

jpe it will be the opinion of this Association that I am 
touclting on a subject immediately within our proper 
whereof action; that it is a subject from the dii^cussion uf 
yhich honest politicians ought not to shrink; and that it is a 
"lubject with which our Goveniment and Parliament ought 
mptly to grapple in a bold and conciliatory spirit. It Is not 
y to imagine any object more noble in itself, or more worthy 
f^ the higheat ambition of a patriotic statesman, than to avert 
uwontent and disloyalty amongst the industrious masjics of 



18 Opening Addresi. 

our countrymen, by the timely concemon of moderate idi 
reasonable requirements. On the other hand, it is not ea^ fi 
imagine any conduct more wicked, more to be condemned hj 
every honest mind, than the attempt to sow discord and w- 
union between class and class, by exaggerated statements and 
mischievous representation, which con only end in bitter dis- 
appointment to the man, and serious injury to the StatSi 
What, then, are the principal requirements now felt and mmd 
by working men? 

I have already referred to their great need of technical ednp 
cation, and this, if we value the prosperity of England, muit 
be given, and on fair terms ; but the object which staiidi lA 
the head of their requirements is — ** To rescue the familiet d 
workmen from the dismal lanes, crowded alleys, and unwhole- 
some dwellings of our towns, and plant them out in the cdear.'' 

Another of the requirements to which they attach impoit- 
ance, is one which seems at first sight to be almost a matter «f 
course in every locality, viz., an adequate supply of good fool 
at fair cost Now, are these demands for healthy homes at im 
rents, and wholesome food at fair cost, reasonable or unreason- 
able ? What is the present position of the English artisan ia 
these respects, in many of our most important seats of indoi* 
try ? Is it not that he is destitute of that training whieh ia 
essential to successful skilled labour — that his home is of thft 
meanest and most comfortless class, but for which he ifl 
obliged to pay an extravagant rent — and that his food ia o4 
inferior quality, but of excessive price ? I do not wiah 
draw any too highly-coloured picture, but I ask again, 
these tilings true ? If they are, even though with trade 
tensive and wages high our labouring class may be in fli 
certain sense prosperous, do not expect them to be loyal anfl 
contented; with no proper training within his head, and 
decent roof above it, the British artisan is not as be ought 
be. 

This question of the workman's home is a very seriouB on^.^ 
It involves not only the discomfort and dlicontent of theitf 
parent, but the physical and intellectual inferiority of tke^ 
child. I have lately read the following statement with regard J 
to the two great cities of Edinburgh and Glasgow :-— 

** As to dwellings alone, how suggestive are the statistics of larg« 
cities. For example, in the better parts of Glasgow the inhabitanU 
only average 34 per acre, aad in those parts the aonual death-rale is 
5 per 1000. In the squalid parts (not the worst) the average is 228 
persons per acre, aud the death-rate 34 per 1000, that is, 29 per- 
sons per 1000 die annually from mere difference of habitation In 



iythelit. Bon. Sir John S. Pakinfflon, Bt, M.P., G.C.D. 19 

ibnrgh (he ilealh-rate in tho worst parts ia 60 per 1000, tJiat ia 
w: 1000 <lifl ia conBequcnce of Dbcii' poTorlf, How luucti liUcase, 
>tio(^,i&S)inil7, wul mime &ro bere iavolved iti additiou to tho 

pi/ff .■ " 

y authority for these startling figures is a paper pnblisliod 
lasgow, by flio Rct. Mr. Kirk, in tiic Ch-istian News, and, 
if correct, I ilo not nieaa to my that they are of general 
Itcatton. But it is too certain tliat, In and around many of 
(great eenttea of population find industry, tlie home of the 
kman is not conaistent ivitli Jiifi comfort or contentment, 
Mhnt the uioral and physical ofibcta of such Uiscumfort and 
(tateut are worthy of serious consideration. 
tith respect to the supply of wholesome food at fair price 
-.supply indispensable alike for the labour of the parent nnd 
growth and well-doing of the child — I fear it is too true 
> the workman often finds himself suffering under great and 
wtiog disadvantages. It is, therefore, not unnatural, in 
I days of increased intei-conrae nnd information, that the 
who is emorting under such die^ad vantages should look 
td, and compare hia own position with that frf liia fellow- 
»arer in other lands. He will probably only look to the 
I'Oa the surface, and I fear auch comparisons will not tend 
fothe his discontent. 

he tarns to Switzerland, he will find that to a great ex- 
) the skilJeil workmen, and even the factory labourers, 
gla with and are part of the iudciiendent peasantry of the 
Dtxy, and he may feel with some justice that those who 
ibliahed free trade forgot that it was due to thoso who were 
ed npon to embark in open competition, to enable them to 
3o »o on equal terms. Ho will feel that a Spitalfielda weaver, 
Mpag a rent for his hovel of 5.«. per week, and a Lake 
ideV wcaTer, fitting rent free in the middle of his liome- 
' — with house and food around him — can hardly be said to 
^^tiag fair, 
Ror i* this all. The state of village and town education in 
ptserland is each that the workman's children receive au 
tttion that fits them for practical life, and those meant 
-e ekilJed workiaen get drawing, geometry, physics, me- 
inic9, taught at a cost nearly nominal, and which, in case of 
i, becomes gratuitous. This description applies equally, 
rimoBt equally, to the valley of the Khine, and other parts 
Bemany. but eueh comparisons ought rather to stimulate 
I Government than to depress our people. Lot tlie English 
vkmaD bear in mind that as regards Germany and Stvitzer- 
' \ when compared with England, the social, political, and 
2—2 



20 Opening Address. 

physical differences between the countries are such aa to main 
lair comparison almost impossible. Let him bear in mind the 
points, and they are not a few, in which his position ii u 
superior to that of the Swiss as in others the Swibs is superior 
to him. Let him reflect on the advantage, which bejood 
almost every people in Europe he possesses, in the vigour, the 
energy, and the aptitude of his national character, and above 
all let him remember that it is in the power of the Govern- 
ment and Parliament of his country to remove, or at least to 
modify, those disadvantages by which he feels himself over- 
weighted in the great race of competition. 

In Mr. Samuelson's report to the Government on the rapid 
progress of the manufacturing establishments of France, Swit- 
zerland, Germany, and Belgium, he says, "Meanwhile, we 
know that our manufacturing artisans are imperfectly taught, 
and our agricultural labourers illiterate — neither one nor the 
other can put forth with effect the splendid qualities with 
which Providence has endowed our people." This is confirm- 
ation, and from a very competent quarter, of Mr. Mundella's 
opinion that, with proper culture, '^ England would possess the 
most intelligent and inventive artisans in the world. 

What then is to be done ? I submit that the people, for 
this is not a question interesting to the working man aloae, 
have a right to appeal to the Government for active aid in this 
pressing matter. I agree with a distinguished friend of nuiie» 
who was one of mv ])redeces8ors in this chair, that we should 
'' impress earnestly upon our countrj^men the incalculable 
value of self-reliance and self-help," and that in the domestl^^ 
affairs of the country, we should seek the aid of Governmex^^ 
only in the last resort ; but the reforms for which our working 
classes ask, are on too large a scale to be entrusted solely t:^ 
the self-reliance and self-help of the people themselves. TDm- 
establishment of a system of technical training could nc^ 
possibly be accomplished by the people. With all the ai - 
that he might derive from the precedents of Holland, Berlicr: 
Stuttgardt, Austria, Hanover, Carlsruhe, and Zurich, tb 
task is one which would now, in England, require all th— 
energy and power of an able minister, supported by a coDBent— 
ing Parliament. 

With regard to the dwellings and food of the workman, 'M 
may be asked, *^ Has not the self-help of the people already^ 
established building societies and co-operative stores, and ar^ 
not these sufficient T " I answer, no. They are admirable sop 
far as they go, and they deserve every possible support, but- 
the people can no more make them what they ought to h9 
without further help, than they "could themselves have estab^ 



the Rt. Bon. Sir John S. PoMitffttm, Be, MP., G.C.B. 21 

Id the Post Office SavingB Bank?, which miiHt be counted 
me of the best ileeda oE the present Prime Minister. 
T!ie GoTeriimcnt have the necessary information. It be- 
tea theoi now lo act unon it. To effect euch reforms aa I 
re ventured lo Biiggest is beyond the power either of private 
ividuals or even aesociatiou!) such as thiA. They can only 
^effected by a government which will approach the task in 
'MTDe earnest spirit which Iriiiniphed over the difficulties 
;liO late Education Acti<, iind which «honld undertake this, 
Ibnbly not Ices ditficnlt duty, with %-i^roua actiou, with 
»l>t applicalion of iwwers given by existing laws, and 
judicious legislation. 

the Tiews I have thua presumed to advance, upon ques- 
I which I believe to be of priuiary national importance, 
favour with this Association, wb may, I think, at least be 
tf by calm discussion, and by collecting and disseminating 
h'lnstiun, to afford valuable assistance in a great cause. 
el may look back with antisfoction to the part we have taken 
bringing about several not uiiimptirlant elianges iu our 
d system and in our laws. I havenlrGudy adverted to the 
that to this Association i^ primarily due the credit of 
ging about the preat movement with respect to middin 
I eotteation, which ended in the pasBin^of the Endowed 
kob Act, and the appointment of the Endowed Schools 
I mission. 

I the laws of bankruptcy, in establishing the office of 
lio health, in the improvement of our convict system, iu 
'treatment of discharged criminals, and on other matters, 
^orcant changes may be directly traced to the effurta and 
epreeeutations of this Society. I trust the Society may long 
oDtloue its DBcful and beneficent action, and if to its other 
;tK)d works it shall hereafter be able to add that it has aided 
D effecting reforms in the position of our labouring classes 
rhich have increased their linppinesa, elevated their social 
tatns, improved their intellectual cultivation, and strengthened 
iieir attachment to the institutions under which they live, 
;tioee friends and officers of the Society, who have through years 
rf honourable exertion watched over our interests and guided 
our proceedings with patient care, will have established addi- 
tional claims to the respect and gratitude of their country. 



22 



^Vintm 



BY 

W. VERNON HABCOUET, Q.C., M.P., 

ON 

JURISPfiUDENCE AND AMENDMENT OF TAB 

LAW. 



ri^HIS Association has always a»ii^nc(l a prominciii post ii 
X its discussions to tkoso questions which belong to the 
amendment of tho law^ and no one will bo disposed to dispute 
the justice of giving to such a topic a leading if not a paramonnt 
placo in tho pursuit of social science. In a law-abiding-^I was 
almost about to say a law-loving— country liko our own, the 
framework of society itself is compacted and held togother l)lf 
tho law, and that perhaps not so much by its positive sanctitA 
and actual enforcement, as by the temper of mmd and mode of 
thought which it impresses upon all our social relations, from 
tho mere fact that it is the law. TIio law in this respect acU 
towards society as tho parent or the master does towards fh^ 
child — it forms to a groat degree its spirit and its character* 
No Englislnnan can have studied with any attention the history 
of his country even from the earliest times without being awiue 
how largo a part tho law has played in tlie development of ito 
liberties and tlie growth of its greatness. The law in this 
respect has had a double and reflex action, for as tho law cf 
past times has formed the character of the people, so, aa that 
character has expanded by the progress of an advancing civiliaa* 
tion, tho people have, by slow, sometimes it would seem by awk- 
ward steps, surely marched towards a progressive reform of the 
law. Nevertheless it ought to bo tho first object of assodatioDB 
such as this to impress strongly upon tho public mind— I mean 
upon those whom tho old Norman lawyers somewhat su^r- 
ciliously termed tho " lay gents " — how deeply they are^ indi- 
vidually and collectively, concerned in tlie reform of the Uir, 
and how entirely that reform, if they choose to comprehend its 
bearings, rests in their own hands. 
I waa much struck in reading the other day some obienmtiraa 



Addren on Jurisprudenee and Anmidimnl 0/ the Law. 23 

■lya most onligtitened lawyer, alas too early lost to liis pro- 
¥ fctfion smi his country — I mean Mr. W. D. Lewis — in n paper 
I wliich lie contributed to tlie Juridical Society, entitled " Popu- 
I lar Errors concerning Law." Ha says : — 



Judging from the obscrvation§ rhJ coniluct of many people, it 
KcniR that they suppose (lie law to be some power exUaueoua and 
jiirrigQ to the tialion, ruling it by Banclioos over which tho people 
tiire DO control, and presiding over their conduce by virtue of noma 
■utiiorily imposed upon them ab extra, and which they are wliolly 
reriess to control. People, in fact, peraonify luw and invest it 
\i attributes. In^ad of looking upon it as an emanation from 
Uiemgelves, the offspring mainly of tlieir own will, and a represcnla- 
IJTs aimply of their own spirit, for which they are themselves 
icfpensiblc, they regard it as if it were soma separate influence with 
Tiliidi tliey have no other relution than as being concerned lo praise 
erio blame it accordiug as it^ operation in Individual ioalaiices may 
* conformable or not lo the tastes, Itebits, and tendencies of llie 
iple for tlie time being. Whether wc read Bentham or the public 
inpapers, or listen to the eommon conviction of soeioly, we m-e 
irced to conclude that tlie luw is regarded by multilu<li:s us some 
leubus resting upon tlie nation — which judges, barriak-ia, and 
illonicyt indeed may be able to struggle with — some oraelo which 
lliey may be able to propitkli^ — but with which the public at lurgc have 
■uullier eonneclion than that of yielding to it a blind, helpless, and 
I rEuedilesa submission. What, however, is the truth on tbi3 subject? 
Does any law exist or possess the smulii st force except aa expresaing 
Bore or less directly the will of (he people, as being the result and 
njiresenlation of that will, and invested with ritality no longer than 
Ihat will shall suffer itT However the rule of law may Itate arisen, 
♦helLer it be embodied in the form of a statute or constituted 
BWWly by custom ; however old or however reoeiit its origin, is it 
not dear (bat the public are themselves responsible for it? The 
tmlli of the mutter is that on questions of luw this public opinion iit 
nM manifested) speaking generally, in any earnest or couNstent 
form. The very error of which I am speaking leads people to think 
sod act as if the law were some domain on which they caunol intrude, 
a if it were some behest oracularly delivei'ed from some power which 
[lupular sympathy could never approach, or upon which geueral 
ujanioii could ncTcr produce any impression. It results from this 
iLat there is in reality an indifference to legal quesiions on the part 
**" the public. Such feeling as exists upon the subject spends itself 
ft desultory, lilful, and, as it were, hysterical discontent, but is not 
iDifeBlcd by steady, abiding, and intelligent exertions proceeding 
•m an instructed and well-informed public opinion. People, how- 
«Tcr, are not entitled to exhibit discontent with the law unless ihey 
will first endeavour to understand bow far their own true relation to 

kihe law gives them the means of moulding it to their own tastes and 
■^prehensions, If they will act as if the law wore not something 



^LLat 



24 Address on Jurisprude^xce and Amendment of the Law, 



for whicli they are themselves responsible — as if it were a mTStor} 
too recondite for them to have anj concern with — as if it ware in iti 
very nature something antagonistic, and not (as it reallj is) a flexibU 
representation of the public spirit whenever there really esisU I 
public spirit to bo represented — why should there be any surprise ai 
the tardiness of law reform, or the obstinacy of ancient legal rules, oi 
the inveteracy of antiquated legal traditions ? Is it to be said tha 
judges and lawyers oup;ht to see to these reforms, and that they art 
charffcablo with the delay and the resistance to change which i 
complained of? What more can be required, I would ask, of judge 
and lawyers than that they should bring their own special knowledgi 
and special aptitudes to assist in giving effect to any wcll-ascertainei 
public opinion upon the law? Clearly they are not to obstruct nor t< 
mislead that public opinion ; but in reason, surely, they may jastlj 
ask to be allowed to soo that the sentiment which is said to exist i 
a deliberate and intelligent one." 

Now it is, I conceive, in order to enlighten public opinion oi 
such 8u))jccts as these ; to mako the people understand how thi 
law affects them, for good or for ovil ; what are its defects, an( 
how they may bo remedied; and to bring to bear upon lai 
reform the irresistible leverage of public opinion^ that thi 
Association invites discussion upon these topics in the grea 
centres of population, who ought to understand they are no 
only the creatures but tho creators, not the slaves but th 
masters, of the law. The field is vast, and the interests i 
involves are immense. The progress of law reform is notorious!' 
slow. The cripples crowd round the pool, but unless there i 
some one to help them in, tho work will never be accomplished 
How many measures of law reform urgently needed, I might sa; 
universalfy approved, have been for years in process of gestation 
and yet there seems no strength to bring them forth. Coin 
missions without end upon land registration, upon judicature 
upon fifly other matters of capital consequence^ have aat am 
reported, and yet nothing has been done, and nothing will b 
done till a pressure, an irresistible pressure, is exerted froi 
without. You might just as well expect a man to lif); himsel 
up in a basket as ask tlie lawyers by themselves to reform th 
law. It is you, the public, who must lift up the basket with th 
lawyers in it. If you expect or desire anything to be done, yoi 
must mako Parliament and the Government understand that thes 
are matters on which you are in earnest, and to which it is wort 
their while to attend. You must comprehend yourselves, an* 
you must make those who have the making of the law oompre 
Lend, that questions which, in fact, ailect and govern the whol 
of your social relations, are of, at least, as much consequence a 
the details of budgets, the organisation of armies, or even th 



f^.Sif W, VamOH Hartourty Q.C.y MJ*. iS 

i}te sntfrage. And then you will cease to find, what 
^^ [ liav6 obwn'wl with deep regret, that in the ilin of 

iiiical struggles tlio fortunes of law reform are yoar by year 
■ an«l less heeded' TJie questions which are awaitiug a solii- 
m are so numerous and ao extensive that I cannot hope 6veii 
touch upon R tithe of them. I will eeloot, therefore, only a 
If which apiienr to be of capital importance, and upon which I 
Bocive comparatively little ditl'ereitce of opinion can arise. 
I need hardly point flut to you that tlie law divides itself 
nerally into uio written and the unwritten law. The un- 
Stkn law may he takeu as the basis of the whole. Its origin 
obscure, but its operation is certain, and its principles in a 
^t (Je^ree ascertainud. It has crown b;^ long tradition, by 
tunnhited precedent, by successive decision, into a body of 
lolnne, which it is the business of lawyers to study and of 
Jjres to declare. The laws of succession, the laws of contract, 

I lawa, iu fact, whicJi govern Uie daily relations of lite, depend 
la great deirreo solely upon this un'^ritteit code. The Statute 
w, which IB maltcT of positive eunctment, is little more than 
accretion upon this unwnttan law, and represents the changes 
i ibe growth to which the public opinion of successive times 
>e given rise. It is necessary to bear in mind these different 
loiee of lutv, for law reform, if it ia to be et!ective, must 
irate npou both, and it will bo found that in both great 
isndinent isneefled. As regards tli© Statute Law the thin^ is 
Iple enoogh. You may repeal an old law which you dig- 

Dve on any particuliu' subject, and enact a new one iu its 
'- But, as rejjards the unwritten law — which, as I have 
], is far the most important part — yim reipiiio a good deal 
1^ If yuu want to etiect a change in that you must reform 
t judicial iutfUigence, the legal temper of tho minds by whom 
S unwritten law is administered, and to a. great degreo 
ict«d. And this reform, I need hardly tell you, lies a good 
d (lee[)er, and is far more "difficult than that of which I Lave 
t spoken. And this brings us to tho consideration of the 
lat*^ and most capital ai all questions of legal reform — I 
IU iJie reform of our legal education. 

LEGAL* EDUCATION AND THE IKNS OF OODItT. 

We heard the other night from our respected President some 
ighty observations upon the urgent need of systematic tech- 

II education. But if tliis is necessary for the due advancc- 
Dl of Special arts, it is far more necessary for the cultivation 
that greatest of all aria, the art of distributive justice, which 
Bnu the relations of men in a civilised society. It is super- 



26 Address <m Jurisprudence and Amendment (^ihe Law, 

flaous to observe that on tlie legal traininff of those bj w 
the laws are to be made and administered must depend ; 
main degree the ouality of the law itself. This is a sul 
which has recently boon brought under the consideration of 
lianicnt by one probably better fitted than any other living 
to speak with authority in such a case — I mean Sir Eoui 
Palmer. He said in his speech in the House of Commons :• 

''If there is oue poiat upon which public opinion may be sai 
be almost unanimous, it is that legal education is, and hsB 
been, in a very unsatisfactory condition. Ages ago chief jus 
spoke of our Inns of Court as a legal university, and not only 
there a strong desire to establish in them an efficient school of 
but they were provided with large resources and means intende 
produce great results. The whole of that system has fallen in 
state of decay, and within the recollection of those now living, 
no untrue description of our law studies to sny that they have 
unscientific, unsystematic, desultory, and empirical. The want 
scientific foundation is felt everywhere. The great and note: 
defects of form and consistency in our legislation are, in a | 
measure, the result of law not being studied in England as a scic 
and, so far from their being any promise of amendment in this 
spect under the present system, there is every prospect of ma 
becoming worse. The judicature again sufrci*s greatly ; for as ju 
ore multiplied in the superior courts, and local courts are establl 
throughout the country — a multiplication which is absolutely n 
sory for the due administration of justice — that multlplicatioa i 
tends more and more to bring into prominence the wont of goi 
ing principles, and the incoherent character of our jurisprud< 
With the multiplication of judges we discover constantly divei 
views, a continually increasing variety of precedents, and incre( 
uncertainty in their application." 

This severe but just censure on the present condition of 1 
education in this countrj' is fully connrmod by another of 
most eminent lawyers of our time^ In his inaugural addrei 
the Juridical Society, Lord Westbury says: — 

'' It is indeed a singular thing to note the contrast which e 
between the iudifiercnce of the professors of law and the aiL 
shown by those who are engaged in otlier departments of scii 
. . . . It is a sweeping censure that I would gladly have 
proved or largely qualified, that, as a body, English lawyers \ 
done little for the advancement of the science of jurisprud 
The neglect of this studv is plainly evinced by the contrast beti 
the legal literature of England and of Continental couni 
Whoever will address himself to the task of directing a coars 
education in the philosophy of positive law will become pain 
aware of tlie poverty of English authors, whilst the catalogae of 
French, Germao, or Italian library supplies numeroua work 



■ Bg W. Vemm Harwart, Q.C., M.P. VT 

H ftilforlhe eletnenti(r;f aa the more matured Btudent in juriepni- 
B Jcnue. To what, tlieu, is to be attributed thU neglect of tlie Btady 
M of jorispru deuce by lUe Engliiih lawyers T The cause is prohftbly lo 
I lie fouod in the peculiar and luioioaloua condition of the Bur of 
H EngUud, Bad iu tha mode of education that has beeu hitherto fol- 
HiavQd. .... Ono of tlie chief obstacles to the progress 
HwDODgst us of the science of jurisprudence is the want ot a systematic 
H iiiil ivelUarranged course of legal education." 

H It is the more diacretlitable tliat this oondition of things 
l^old exist, because, in 1646, a Committee of the House of 
■llaminons ^vas appoiiitod to cousidcr the questiou. That Com- 

■ nittec repgrteU — 

I ' "ITiat the present stale of legal eduattion iu England and Ireland 
Bh reference to the classes profesaioual and non- professional is 
B'tiifemely utisatlsfiiclory and incomplete, and exhibits a striking 
Btoclrasl and iuferiority to such education, provided as it is with 
llmple means And n judicious system for iheir application, nt present in 

■ ppcmtion in all the more civilised Stales in Europe and America. 
~ . . . That it may bo asserted as n general fact to wliich there 

ircvrry few exceptions, that the student, proreaslonal and unpro- 
ftssjonul, is tefY almost solely to his owq individual oxcrlioas, 
industry, and opportunities; imd that no legal education, worthy 
of llie name, is at this moment to be hud either in England or 

Ireland That among the consequences of this want of 

scirntillc legal education, we are altogether doltcicnt in n most 
'tii]i'>rlant class, the legiala or jurists of tbe Continent, men who, 
nenibArriiBsed by tbe small practical interest of their profession, are 
babied to Apply themselves to law as to a science, and to claim by 
Keif writings and decisions the reverence of their profession, not 
%'onc country only, but in all where such laws are administered." 

- The responsibility for the present state of tbinea must, as 
Sir II. Palmer has pointed out, lie chiefly at the (tour of the 
[nns of Court, who, enjoying an immense revenue, of the 
tlisposul of which they render no account to the public or to 
the jirofesaion, have done little or notliing to discharge the trust 
""tJT which those revenues were bestowed. The history of tlio 
Wginal institution of the Inns of Court has been treated in a 
mphlet of great learuing and ability hy Mr. Thomas Marshall, 
if this town. 

t,Tho Committee of 1846 recommended that the Inns of Court 
Jould Lo Qiuted so aa '■ to form for all purposes of instruction 
^ort of aggregiite of colleges, or, in other words, a species of 
iw univeiaity. In spite of the report of the Committoo of 
Utl6, aiul of the Royal Commission of 1655, little bus been 
le. It IB true that lectureahipa, under the management of 
I '(Couocil of Legal Education,'' have beeu estahlisbod. 



s 



28 Address ofi Juriaprudence and Amendment qfthe Lavs, 

But Sir B. Palmer justly observes that ^^ the tiling has woAA 
in a languid, imperfect manner, because the scheme was mt 
oomprehonRivo or oold enough to produce serious and importHt 
effects." With a view to supply these great and nolorkNi 
defects in the position of legal education, a number of dittiii- 
lishcd members of both brandies of the profession, with Bff 
. Pnhnor nt tlicir head, united themselves last year into i 
society called tlio " Legal Education Association,*' with the 
oliject of obtaining the establishment of a legal university, whose 
examination ehall be an indi8|)en8ablo condition to the admission 
of students to practice as barristers and as solicitors^ and whieh 
would also oHcr the means of a sound legal eduoation to those 
l>crsons who might desire to ])ur8ue the study of the law, 
though not intending to follow the legal profession. 

It is greatly to bo regrette<l that a plan propounded on sneh 
high authority, and sup{)orted by such weighty reasons, should 
have met with opposition on tlie part of those bodies by whom 
it should have been chiefly supnorted — I mean the Inns of Court 
In spite of the concurrence of Grsiy^s Inn and the Middle Tempk, 
it seems that Lincoln's Inn and the Inner Temple are resolved, 
if they can, to keep in their own hands tho monopoly of that 
legal education to which they have hitherto contributed so littlSi 
I am still more sorry that in this obstructive policy they should 
have found an a1)le advocate in tho House of Commons in Mr. 
Jessel, who, in his recent speech in opposition to the resolutioB 
proposed by Kir II. Palmer, seems to have adopted tiie dootrine 
of Dr. Pangloss, that everything ^^ is best as it is in the besfc 
possible of worlds," — I mean of legal worlds. The conduct of 
the Inns of Court in this matter necessarily challenges an inquirT" 
into their whole position with reference to the legal profession. 
I think every ono who knows anything of their character and. 
administration will concur in the observations of Sir. B. Falmeryi 
when he says : — 

** What pretcnco is ihero for the claim of tho Inns of Court to 
retain this exclusive control and management, now that the country 
at large i» moving in the matter, after they have so long failed in 
performing the duties for the sake of which, I take the liberty of 
saying, they originally existed ? It appears to me that they bare bo 
just right to claim the exclusive control and management of the 
future system. . . . These societies themselves are but ropes of 
eand. They are bodies held together principally by dinners, by 
occasional councils, and by other formal and occasional acts. . • 
They resemble clubs more than public bodies, aud not even clubs of 
such a kind as to unite their members in any very close bonds of 
mutual association. If they have not, in times past, though possessed 
of large pecuniary resources, though actuated by the best intsntions 



Bg W. Vernon ffarcoitrf, Q.C., M.P. 



29 



I In tbo world, nml lliongh preslJeJ over by men of the moat honour- 
I tbli' cbftracler, sbowo themselves equal to dealing with the subject, I 
I Uko it to lie for the rensoua I Lave meottoned, and because they had 
\B corporate chaiacter, no legal oigiini nation, no acknowlcged public 
mat or reHpousibilitj. Now, tliei-efore, tbat the interest of the 
■piblic ia ftrouHCil, and that there is a general desire to see a powerlul 
■organisation established upon larger and broader views, I cannot 
■leeogniBe the claims ol' these societies to keep the whole matter auy 
■(boger in their hands." 

How it is that these public bodies who have entirely failed to 

pt^rfoTin (heir public duties — liow it is that whikt Corporations 

fid Uoiverftities and other endowed bodies liave been coni- 

dled to submit to rofonuution, these Iniia of Court have so 

9g nmintained a monojtoly of uadisturbed uselessness, it is 

BSctilt to explain, except upon tlie ground that the legal pro- 

saion is, of all othei-s, the most conscn-ative and that which is 

Itlie least disposed to reform itself or to admit rotorm from others. 

■An eminent legal &iend of mine, 'who has great protessional 

l(xp&rieiic« in matters of that sort, told me the otlier day that 

I ^lere was ample material for filing an information against the 

I Inns of Cotirt for breach of ti'ust. The practical difficulty in tlio 

I ifay ia tbat as tlio Attorney- General for the time being is always a 

I bencher, he would have to proceed against liimself as pixHieepa a-ir 

I Rati'j. \f, then, this Association really desires to Ibrward the pura- 

' moiintcMiiseof a liberal and enlightened legal education accessible 

lo lh« whole community — unprofessionid as well as professional — 

bo well assured tlmt the pressuro most come irom without. And 

X would counsel you, as the first and iudispeusable preliminary, 

ta obtain by the potent leverage of public opimou an eti'ectual 

demand for the radical reformation of the Inns of Court ; and 

to seek from Parliament a measure which shall terminate the 

»3UB(enco of these " ropes of sand, held together principally by 

Sinners," in oriler that they may be reconstituted as a legal 

jiiveraity worthy of the cooutry and of the profession. 



THE BAB AND THE 80LICIT0RB. 

I confess I look forward, as one of the indirect effects of the 
titution of a legal University, to a gradual and beueticial 
Vform of that absurd and, I believe, mischievous etiquette which 
livides the two branches of our ^reat profession. When young 
tnen stiKly together at our legal University it will bo impossible 
to separate them in after liie because one becomes a barrister 
and the other a solicitor. The old circuit crime of" hugging "on 
uttoruey has vanished before the levelling infiuenca of tlie first- 
dass railway carriage. And much as X fear tho sentiment may 



30 Addresn on Juruprudenee and Amenimmd pfihe Ijow* 

shock some of my leam€d brethren, I believe it would be fir 
the advantage of both branches of the profession, and atill men 
of t))o pubhc, if thej were more united in responsibility attl 
action, as they are in the United States and on the ContuMlit 
If you want to secure a highly-educated Bar, you must lunift 
highly educated attorneys — not on the principle that ^'wk 
drives fat oxen should himself be fat f but because men sddon 
appreciate qualities they do not themselves possess. I am hap|if 
to know tiiat on this subject I may fall back on the h!^ 
authority of my friend Mr. Justice Hannen. 

HEFORH OF STATUTE LAW. 

Having thus laid the foundation of a satisfactory admiois* 
tration of the unwritten law in a sound legal education, then 
will remain the department of jurisprudence, which dependi 
upon positive enactment or Statute. The chaotic condition o; 
the English Statute Law is a thing which everyone deplores and 
no one nas yet attempted to remedy. A great deal, it is troe^ 
has been done to consolidate or simplify the criminal code, and 
on that head, though somewhat unscientific, I do not know thai 
there is much to complain of. But the rest of the Statute Booh 
is, or was till lately, a confused jumble of Sibylline leaves whick 
seemed to hai'o been scattered by the winds and gatliored to* 
getlier without regard to sense or order. The Statute Lan 
Commission, it is true, has done useful work in weeding e«i 
obsolete rubbish and reducing the bulk, if not in consoli(&tia| 
the matter, of the law. There is at last a prospect that tfai 
intolerable mass of the Statute Book may be reduced within 
some manageable compass, and two volumes have brought m 
down to the reign of George III. I do not enter now intQ 
the large question of tko practicability of a code. But eFSfl 
assuming the present system of fragmentarv legislation oz 
every possible subject to continue, much is still wanting 
even to keep the small vantage-ground we have reached. 
Tlio defects of our present system are perhaps inherent ir 
our very institutions ; and 1 for one would not sacrifice 
those institutions to any system, however symmetrical. 1 
think it was Lord Salisbury who observed the other day* 
that in this country wo have tlie ^^ weakest esjecutive and toe 
slowest legislative action in the world." This is probably tru^ 
and I should be the last person to desire to see it changed. Tb 
weakness of the executive is the miaranteo of the liberty of th^ 
subject, and tho tardiness of our legislation is a security againsi 
wanton and ill-considered change. Still without detriment tc 
our actual institutionsi something may be done to remedy the 



JBfy W, Veynon ffanmfi, Q.C., M.P. 31 

Ifiaclicid uLCODTenieiiccs which arise from tliein. Wo have, for 
f tostaooer a series of SUtuteB witli reference to sotue pai'ticular 
I (ubjecU aach as TruJes UuJoiw, Merchaut Shipping, or anytliiug 
I «!»)■ Xhe Aots aru passed at vftrloua times, and for ditltirent 
] gbjecU. Tlie author of the Act is ignorant — probably careless— 
of what has been done betbre. And tlie Judges are colled upon 
to adniinister a bundle of incoherent documents of equal autlio- 
I ntj, wid very possibly of inconaistent language. How this 
«iiac& to pass, auy one acquaiiil(>d with that singular transaction 
—the passing of a Bill through a committee of the House of 
Commons af^r midnio;ht — will easily understand. Amend- 
ments are proposed and adopted on the spur of ttie moment, 
which are entirely irreconcilable with previous Acts, and, per- 
)h|ii, irith the Bill itself, and a law comes into operation, for 
wboia fimmework 658 gentlemen are coUeoti^'ely responsible, but 
mth whose defects no one in particular can be indiWdually 
diirged. If this is the case with Bills introduced on the autho- 
rity of Government, it is still more the case with what are called 
/trinita members' Bills, which slip through and become tlie law 
of the land, of^n without consideration or supervision. It is a 
I ttn^lar anomaly, that in the case of private Acts of Parliament, 
' t|y which only private interests aro afiect^d, every kind of 
saftK^iard is provided ; they are examined by officers of the 
tiousc oi' Lords, and the judges, I believe, still i-oport upon 
them. Bat in tao case of measures affecting vitally the inte- 
J-«fits of the whole eommonity, no similar precautions are taken. 
I^he Statute Iiaw Commission have recommended that a per- 
^nanent Board of experienced lawyers, representing the various 
t»ranclics of the profession, shonld be established, to revise and 
^*«{>oct upon all Acta of rarliamont before they pass the third 
^^adinw. Such a Board could fulfil functions something i-esem- 
bling Uiose of the Thosmothetfli of Athens. Their office is thus 
described in a book of authority : — 

"As the law-making power depeudod on the vigilance and sngacily 
*r privale cilixens, Solon added a more certain provision for coirect. 
'.Kig defticia and iacongruitiee which might creep in through error 
■.ad inadvertenRy. The Thesniothctw, who were naturally led by 
nioir jndicial practice to notice the iraperfections of tlie Uw, were 
l>fifcially auihoriaed to review tLe whole Code, and to report all 
"'Wtotes which they deemed void or contradictory Co the legii^ialive 

imiltee, in order that the law might be restored to its pristiec 

plioity." 

With tJiis example before ua, I think, the English Parliament 
ini^hl take a lesson from the wisdom of Solon. Whether such 
» Mwd^ that recommended bj' the GonimissioQ woidd be the 



32 Address an Jurisprudence and Amendmeni cfihe Law. 

best body to whom to attribute these fnnctions^ or whether 
might not be better to assign them to the Judges of Appgal| 
whom I shall bj and by refer, is a matter which mig^t I 
considered ; but that some provision of this kind for the oonatai 
and pennanent revision of the Statute Book is absolutely neON 
sary in order to deliver us from a state of discreditable an 
mischievous confusion I think no one can doubt The moj 
efficient provision for securing unity and simplicity of the k 
would be to insist that all amendments of the Statute Boo 
should bo mado in the form of consolidation Acts of tl 
former Statutes referring to the same subject. But I fear tin 
the difficulty of passing Bills consisting of many clauses throq| 
the House of Commons would offer an insuperable obstacle 1 
such a reform. We must content ourselves, therefore, wil 
some scheme which shall reduce the amending Bill ini 
consistency and conformity with the previous law. 

With these observations upon reforms required to \em fl 
principles of our written and unwritten law in a sound ana efl 
cicnt state, I pass to the next, but hardly less importantf malt 
of judicial organisation. It is of little use to have good Ian 

good judges, and good lawyers unless the machinery by whi< 
le law is to be administered is so organised, methodised| ai 
arranged that the best results may be produced with the mat 
rials and workmen at our disposal. Without this we may ha 
so much waste of time, labour, and money, as to defeat all o 
other reforms. 

CONSTANT SESSION OP COURTS OP LAW. 

In connection with this head of our subject, I desire to pr« 
upon your attention a matter which seems to me of the highc 
social consequence — I mean the importance of having the cx>ai 
of justice constantly open, and accessible to the public I knc 
I am touching upon tender ground when I propose to assail tb 
great institution dear to lawyers, the ^^ Long Vacation." Bi 
after all^ the fundamental prmeiple of law reformers is that li 
and lawyers exist for the public in opposition to that which 
fear is too much the fact, tliat the public exist for law and t 
lawyers. Let me be permitted to enliven this dull diaoourae I 
a very pleasant professional jest of a learned friend and tutor 
my own, to whom I owe all that I ever knew of law. He aai 
referring to this matter of vacations, the rule of law seemed 
bo fiat justitium mat cesium rather than fi/Jti justitia. For ti 
benefit of the ladies (if in these days it is permitted to suppo 
that ladies know less of Latin than men) 1 will venture to e 
plain that justitium was the Boman lawyer's Latin £br ti 
^Tication or suspension of the courts of justice, and the maxi 



freely translated -woald mean — " Let us Lave our long vacaiion, 
and the deuce take tbe public." * What con be more monstrous 
mi indcfi.'usible than that a man, whose rights are invaded, whose 
prcwrty is endangered, whose character is damaged, is substan- 
tially fur three months in tho year without possibility of redress. 
If a man finds it necessary to commence an action in Julvj 
lie cita make no jirogress with liis suit till November. The 
partial remedy of a temijoraiy injunction may not be avail- 
able. In the meanwhile, hia witnesses may die or disap- 
pear; his interests may permanently suffer ; and, in any case, 
justice di;layed will amount, in a great def^ree, to justice de- 
jiieii. As I came two or three days ago in tlie train to Leeds, 
1 fell in Avith a friend of mine, a very eminent Equity prac- 
Twinar. He told nie it was notorious that [lersons frequently 
likd for the long vacation to do acts of more tbun doubtliil 
legality, trusting to impunity from the difficulty and expense 
of obtaining an iryunc.tion to restrain them in the long vacation. 
And lie gave me instances in which leading counsel had been 
tikenJownat Immense and intolerable expense to Carlisle, to 
Sath, and even to South Wales, to find the Vacation Viee- 
CbanKllor (who generally resides io some distant part of the 
country), in order to obtain an injunction. I may point out 
Ibt, if the injunction should by error be ivfusod, an appeal to 
rei'lity the mistake wonid be practically impossible. Why ia 
thU io he? It will bo said that Judges and lawj-ers must nave 
holidays. Bnt so mast jiei^ons occujited in other prolessions. 
Yet it is not foimd necessary to suspend business altogether. 
Yoa don't shat up all the churches and chapels in the country 
Jbr a quart«r of (he year. If you are ill you are not called upon 
p< wait three months for a doctor. I don't conceive that in 
3 the banks, or the counting-houses, or the manufactories, 
» olo»>ed for a long vacation. Tlie army and navy are not 
ibanded for three months to give tlie officers a holiday, 
rfay is law to bo the only business which is incapable of 
H^g continuously conducted? Clergymen, ministers, doctors, 
nkerg, merchants, soldiers, and sailors, manage to carry 
ll'tbeir respective affairs by such arrangements as shall allow of 
I having the necessary relaxation in a manner consistent 
h the public convenience. If you want to buy an estate, 
cea marriage settlement, draw a deed, or make a will, you 
1 your solicitors' office open. The public offices of Stato 
the police courts are constantly at work. Why aro 

■* The jtutiiiam, by the way, was only piMcUiimed on critical anil 
' occaaiouB, and became almost eynonymoUB with a " publin 

g," in wbioh respect it differs materiaily (rom the long raca- 



34 Address on Jurisjnnidence and Amendmint cfths Lew* 

the oonrts of law to be closed? I will presently eodetfov 
to show that the existing judicial staff is amply sulBEkdeBt 
if properly organized, to provide for a constant Bessioa o 
all the courts of justice, so that the administratioii o 
the law may flow in a constant and equable atreanii mk 
yet leave to each judge in turn a period of rest equal to tlii 
which he at present enjoys. But then it will be asked whi 
is to happen to the Bar? I know well that this is the tra 
pinch of the case. But if constant accessibility in administn 
tion of the law be^ as it is, a matter of paramount oonsequenoe t 
the nation, I venture to answer the Bar must take care of then 
selves. They have no pretension to oppose their personal inter 
ests to the rights and wants of a whole people. And what, afte 
ail, does the inconvenience to the Bar amount to? The leadii^ 
practitioners want a vacation likewise. Well and good — fei 
them take it when and for so long as they require or desire it 
It will be said, what is to become of their business in the mew- 
while? I reply, just what becomes of the business of a grea. 
physician or surgeon when he takes his holiday. The only ren 
purpose which the long vacation serves is to protect the mono- 
poly, already sufficiently great, of a few princnpal practitioners 
In their temporary absence no doubt an opening would be lef 
for those who are the next successors — a result which I confeei 
does not seem to me very disastrous either to the public or t( 
the profession. The best men will always commandf the largea* 
practice, but it is intolerable that the interests of a whole com- 
munity should be made subservient to increasing the gains 
already abundantly large, of a few men who bv merit and goo 
fortune have attained the first place. The law is a bountifi 
mistress, and richly rewards her favourites ; but to demand th' 
her beneficent influence should be suspended altogether (oT 
quarter of the year in order that the few should monopolise b 
i'avours, is that to which it seems to me the many are by - 
means called upon to submit. The recent scandal in the Tichbof: 
case has brought this matter so prominently into view tha'i 
trust i)ublic opinion may bo brought to bear upon it in sucb 
manner as to render the demand for a constant session of tJ 
courts of law one of the most urgent questions in the programs 
of law reform. 

This matter of the constant session of the courts of justice leac 
me to the consideration of the present arrangement of the judicii 
staffs and the urgent necessity for a reform in its organization. 

JUDICIAL ORGANIZATION. 

I need not enlarge on the defects of the present systen 
for full justice has been done to its demerits oy the weiglrt 



% W. Verrttm ffarc^trt, Q.C., it.P. 



«S 



Hiority of the Jndicatorc Coniimsaion, The conslitntioD 
onr courts of jnstlce is by universal ndmission a Bole- 
I in jurispru<Ieiice aud an annchromBm in history. It is 
ling better than a confnscJ jumble of the traditions — some- 
tae* «f tlio Accidents — of past times whicli have left us with a 
Item of judicature wholly inappropriate to the demands and 
iccssities of an advanced civilisation. All that can bo said in 
\ faTOnr is what can be said of most English institutions, that 
i pnictToal common seuso of tho people has done much to 
BiMy the logical anomalies of their procedure. Certainly, if 
ism Smith Had desired to find a countGr^iart to his celebrated 
letration of tho advantage of the division of labour in the 
Biufactnrc of pins, he might have found it in the waste of 
rce exhibited by the clumsy arrangements of our judicial 
idtistry. Let me place before you the exact force of judges 
I it present existing in what aro called the Superior Courts. 
y are as follows : — 

Ciurls of Equity. 

Chancellor 1 

Xjorits Justices ... ... ... ... 2 

Master of Rolls 1 

Vice-Chan eel I ors 3 

— 7 
Courts of Common Law. 
Queeu'e Bench — 

Chief Justice 

PaiSDea 
Excbequer.— 

Cbief Boron 

Barons 

Common Fie AS — 
Chief Juslice 
Puisnes 

Judge of AJmiralty 

Juilge of Probnto and Divorce . . 

New Jndges of Jadicial Committee, under Act 

of 1871 



31 
To these must be added that singular clas,'!, the ghosts of 
^rted Chanci)IlorB, who, after resembling for a time the great 
laneellor of Henry VIII., — 

la full-blown tUgnity aoc Wolaejf stand ; 
Law in hie voice and fortime in his hand, — 
B Wolsey, too, have had their " blushing honours nipped by 
3—2 



"Sfl Address on JimvpPudeno»(mdA»mmat^fm*Tjaie. 

a killin;^ frost," and have subsided by the political flccidenta of 
the day into " lnw lords " — a aort of jndicial whales, left liigh 
and dry by the receding ware of party politics — and wlio 
discharge, when Hiei/ please, the occasional luiictioDS of m''lil- 
bors of a Pinal C^urt of Appenb Titking the exiierieaoe of Uia 
last few TBHrs, vre may estimate the ex-Cbanccllon a.i an 
average of not less than four, receiving salaries of 5000/, a 
year. This gives ws a total nnmber of 35 judges of the finil 
daaa, receiving salaries ranging from 10,0(10^. to 5000/. a year 

Now, the circumstauoc whicb has tended to nmko law refi> 
not a vory popular topic in ]iublic estimation is that it bas b 

f»nerally attended by the ereation of new places. County C 
udgea, ComtnissioDcra of Bankruptcy, Judges of Begistn 
Courts, &c., &c, — places often filled by the roformars tliemseln 
— creating new jobs, additional oxpenditnre, and more taxatlof 
With reform c^onducted on such principles, I coafcM I ban 
iittlo sympathy. The sum 4t present voted annually undtt 
the head of Law and Justice amounts to 4,0'07,544^— «■ 
enormons, and, I believe, a most unnecessary lunounL I ana 
firndy persuaded we ought to got a great deal more work fi 
B good deal less money. I am sure that no country in i 
world pays anything like tliiit imiount for results to I 
adequate to the oxpondituro. We want, it is true, a | 
deal more judicial work done tlinn we get at j)rcsent< 
want a Final Court of Appeal constantly sitting. Wo i 
the courts of jiistico continually open. We want more iiq 
quont circuits for civil bnsiness. Wo want more natnei 
gaol deliveries, iu order that innocent prisonoi-s may not I 
unjustly detained in confinement. When we say we want i 
these things, we shall bo told that means more judges,- ma 
money, more taxes. Xot at all. I am firmly convinced, ikt 
with the judicial sircngth you at present possess, if it be a ' 
proiM?rly and sensibly organized, you may aoconiplisfa all i 
IS (lesired without any greal«r expense, and consistently ei 
with large economies. Tlie great waste of judicial force " 
which we suffer is due to the retention of a number of obi 
arrangements. We havo three Courts of Common Law- 
Quecu's BeiK'li, the EMliwjuer, and tbo C«inmon Pleaa,-k-' 
entirely distinct jurisdiction, tbongh the reasons for their a 
ration have long ago ceased to exist. Vt'f have the great 
crying evil of the separation between tJie adrainiatration of' ' 
and Equity. Nor is it only in the coustitntion of the o 
themselves that we find these senseless breaches of oontinuili 
the sysfem. The waste of time, of Inbour, and of money, <]i 
the dislocation of business by terms, vacations, aittings in ( 
Bittings aft«r term, sittings of the Exchequer Chamber, ciri 



By It. Fffliim Harcourt, Q.C., M.P. 37 

lie, make the economioal apportionuiont of time and of judges 
I haprnoticabie. Just considei' the stute of tilings in one of our 
I (fenris of Common Law at the present time. Before it has half 
I got tiirongb tlie motions for new trials it is called off to tiike the 
r (pecial paper ; before the epeciitl (Mijor ia cleared it Iiaa to bj off 
1 to GviMhiiil to try causes at Nisi Prins; before half the list of 
I BauF«8 ifi di»poEe<l of it returns to Westrainster, leaving the 
tonlbrfcanale suitiiTB to enjoy tlieir reuunets anti the counsel 
iheic refreshers. No sooner has it got back to Westminster and 
oomtnencetl tlie business m haw, tunn it is summoned to hear 
Nppeals in tlie Escheqoer Chamber, and before the appeals 
ar&conclnded, it is dispersed all over the kingdom in circuit. 
Under sDcb a system as this no man knows when his case will 
b© heard or when his cansa wilt be tried. 

I am not sufficiently iamiliur with the practice of the Conrts 
i Equily, to soy how far the same objeclions obtain there. 
Bmc I rMneinber being engaged in a suit of considerable iinport- 
ince before Vicc-ObancelW Kiiidersloy, and I recollect that in 
nnseijiience of the interpolation of other business it was heard 
bo Are separate days, at intervals varying from four to ten days, 
■nd each nearing occupied, on an average, three-quarters of an 
BMik", the whole cause being one which could have been easily 
Aiiiposed of in a day's sittttig. How the learned judge managed 
%9 pieoo tugollicr the fragmentary history of tlie ease in his mind, 
f)arated as it was by such lono; intervals of time, I have never 
Mn able to underetand ; and how any one derived ad\antage 
rom tbe arrangement, except tlie solicitors and barristers, who 
^t addhionaj lees for reduplicated attendance, I confess passes 
tny understanding. Mow, I venture to think iJmt the block aad 
tnUrrtiption of business, bo annoying and costly to suitors, and 
o unsatisfactory in respect of the administration of justice, 
jiHcs not from any defect in the quantity or quality of judicial 
^lower, bnt in the lamentably defective state of judicial organi- 
t zatioQ. Every one knows that with labour of all sorts, whether 
r physical or mental, tlia amount of work done depends upon the 
proper distribution of available force. If you make one man do 
nilf a dozen thuigB at broken intervals, he will not accomplish 
one-half the work whioh he would perform if he worked con- 
tinuously at a single occupation. If you want to make a coat, 
^jxru have one man to sliear the sheep, another to card the wool, 
k^BDOther to spiu the yara, another to weave it, another to dye it, 
*• Eowtlier to out the ototb and sew the bnttons on. But in your 
juiiicial system, you employ the same man to shear the sheep, 
rud the wool, spin the yarn, weave the cloth, cut out the suit, 
uid sew on the bnttons, No wonder this sort of suit — I mean 
tbe kw suit — is very slow in the making, very expensive in the 



organized upon orderly ])rincii)le8. Tlie foundations of 
crcat and necessary reform liave been laid in tlio first rep< 
the Judicature Commission. Tho leading principles of 
report will, I believe, commend themselves to all law refer 
and it is much to bo regretted that no serious steps ha^ 
been taken to give effect to its recommendations. In the 
ci[)le8 laid down in that re|>ort, there seems nothing left 
desired. What seems wanting appears to be a courage i 
boldness to carry out the principles to their legitimate 
sequences. In this respect I confess it seems to me the n 
mendations i'all very far short of what is really required, 
faihire is probably due to the ])rcpondcranco of tlie lega 
professional element in tho Commission, and the unfort 
absence of a lay and politicid corrective. Tho Judicature 
mission have at all events cleared tho ground, by cstabli 
tho leading principle, that the distinction between La\( 
Equity in the administration of justice is to bo abolished, 
second great principle they have laid down is, that all the 
rate jurisdictions of the several Courts of Common La\i 
Equity are to cease, and to merge in a single Supreme Coi 
First Instance, and in which all the judges are to hav 
ordinate authority and a common jurisdiction, subject t 
revision of a Court of Appeal, which is to be constructed 
new footing. Accepting these cardinal principles as se 
and as the starting-point of tho reorganization of the ju 
system, I would venture to offer, for the consideration and 
cnssion of this Association, a plan which, whilst founded c 
principles laid down by the Judicature Commission, goes a 
deal beyond its recommendations in the extent of the cli 



B^ W. Vtruon Ilmw'trl, Q.C., M.l\ 39 

Urit« tranmction. If you do tlib in nil other aH'airs, why not 
ia law also ? 

14»w, (lt)>«anltng all tlie (listinctione between Lnw and Ei^utty, 

ftiiil \Su\ otiior multi'tudinotis suhdivitiions into whiuh our judicial 

sjKteni ia lirokuii up, tlie ad mtniBt ration of the law reidly dic- 

[rihutw iMelf into a few very simple heads. We have (1.) Tlie 

' odameutal distincUon between issues of law and isauos of &ct. 

i) In order to ascertain tliese issues, wo have a certain 

dun?, the object of which ia to ntato Avith cleamesH and 

joii tlic nntiiro of tlie nintter in dispute. This is what is 

ically (a»IIi)d pleading. Thoec three heiuls, viz. — (\.) Pro- 

Ivre to ascertain the nuturo of tlie question lo be trio'l ; (2.) 

e trial of the question if it be nintt«r of law ; (3. ) The trial 

itlio qucstioQ if it be matter of fact, ai-e the proper hnsineiss of 

"ujireiuo Court of First Instance, and, if an npproprittt« num- 

'«f jndgfji ttre set apart to discbargo the business of these 

irate defMH-tments continuously, we siiould jirobably arrive at 

moat oconoiniciil cmploynicnt of our available Ibrce. When 

Court of First Instance haa disposed of those separate stagen 

litigation, in order to give stability, fixity, and authority to 

law, it IB nfoessary that there should be established a High 

irt of Apl>elltite Jurisdiction, which should tinally settle the 

iudiplea by which tbo Court of First Instance is to be governed. 

I will Bnaeavour to deal, in the first plnc«, >vith tlio character 

'functions of the appellate jurisdiction. 

SEW APFELLATB CO! RT. 

kThat tiie existing condition of tbinjifs, in respect of appellaio 

Trisdiction, is prolbundly unsatisfactory, is a matter universally 

knitted. Indeed, for the last fifteen years, there havo been a 

^ies of ineffectual attempts to remedy an acknowledged scandal 

pnnr Judicial system. The Judicature Commission has recom- 

kdrn thf constitution of a new Court of Appeal. But the re- 

ktiinundation of that Commission is afflicted with a fatal defect, 

1 out by one of its members — Sir Robert Phillimoro — 

iwly, that the Oommission did not regard itself as having 

horitv to consider the question of the appellate jurisdiction 

jhe House of Lords and the Judicial Committee of tlio Privy 

landl. To deal ivith the question of appellate jurisdiction 

Jihout regard to these courts, is practically to put out of sight 

■ principal elements of the problem to be solved. In the Art 

nich was passed last session for the appointment of new judges 

Inppenl in tbc Privy Council, I am happy to say clausea were 

Rrted at tho instance of legal memliers of the House of 

oimpn*, which distinctly marked the measure as a temporary 

1 inadei]iiate expedient, and have reserved for further con- 



40 Address on Jurisprudence a$id Amendmekt of the Law, 

Bideration tlio whole of this capital question. It is mji 

conviction that no measure will ever receive the assent of 

House of Commons, which docs not extinguish the indepem 

appellate jurisdiction of the House of Lords and of the F. 

CJouncil, and merge the whole into a single Court of Ap| 

whose constitution shall not he embarrassed by any other. ( 

Bideration than that of the persons best fitted to discharge t 

supremo functions. Time would not admit, nor is it necoi 

here to enlarge on the various grounds which have led tc 

almost unanimous condemnation of the appellate iurisdictio 

the House of Lords. All the expedients by whidi it has 1 

souglit to mitigate its inherent defects have proved deserv 

abortive. ITic great speech of Sir James Granam, iu 1856, 

the remarks of others who took part in that debate, hai 

believe, finally disposed of any hoj)e of patching up a syi 

which is equally indefensible in theory, and unsatisfactox 

practice. Lvery one who has rcail the famous work of 1 

Ilale, on the jurisdiction of the House of Lords, knows 

the exercise of this appellate jurisdiction by the Peers 

comparatively recent usurpation, and that writs of erroi 

former days were heard in the concilium regis ordinar 

before the Chancellor, Justices, and Barons of die Excliec 

What you want in a final Court of Appeal is a court 

stantly accessible to the suitors, composed of the most emi 

and experienced men, selected for that express object 

what does the House of Lords supply? A court which 

barely one-third of the year at irregular intervals, compose 

persons who find their way there hy the political accidea 

party vicissitudes — of men who, when they become judge 

not cease to be politicians — with the additional disability tuj 

one can be made a member of that court who is not in a sitai 

to accept for his family the burthen of an hereditary pee] 

for which purpose there are two chief qualifications — one 

he should have amassed a great fortune ; the other that ho si 

have no children (or rather no sons, for daughters are ad 

sible) : yet it should seem that neither of these two qualifica 

is inseparably connected with the character of a great lav 

I will not further detain you on a matter upon whioh 

argument has been long ago exhausted. I will simply try : 

three questions : — Is it fit that the appellate jurisdiction si 

be vested in a body — (1.) Which closes its doors with the Se. 

of Parliament ? (2) Which excludes the most eminent \v 

in the country because he differs from the party to which h 

longs on a political question ? (3.) Which excludes another 

eminent lawyer because he does not wish to take a Peer 

I might add a fourth question — Is that a fit oourt of a] 



Bj W, Verndn ffarcouti, Q.C.y M.P. 41 

1 decided the technical question which arose on the trial of 
mnell, by ft strict party vote, or which might to-morrow 
> the decision of the legality of the royal warrant for the 
Ition of purchase to the adjudication of Lords Hatlierley, 
ally, Penzaace, Cairns, and Chelmsford, who, by their votes 
epeeohea in a party debate, had nlready declared their sen- 
Snt8 as political partisans ? Tiie objection to the constitution 
lie Jndiuial Committee of the Privy Council as a final Court 
Lnpeal are of a different character, but hardly less conclusive. 

I nigli reputation which thatcourt has obtained has been justly 
bribed as mainly due to the happy accident which secured to 
^ 80 many years tho eminent services of the late Lord 
^■sdowu. But the fundamental defect of a body which, by 
very nature, depends Ibr its constitution and existence on the 
unre of the Crown, in violation of the great principle estab- 
ied nt the Revolution, became apparent in the discussion of 
(recent attempt to remedy the defects of the court, when it 
k found necessary to have recourse to tho absurd expedient of 
hpoaiDg tho Committee of Privy Council of judges who were 
tntaesaarily to be privy councillors. In addition to this re- 
hsalso the fundamental defect of the limited and partial nature 
tliejurii«itctioD which the Judicial Committee has autliority to 
Ircise. It must further be considered that in the case of tlie 
ivy Conacil as in that of the House of Lords at present, there 
Tio obligation (except iu the case of the recently-createtl 
Igee) upon any of their members to discharge the judicial 
ictioDs, the result of which necessarily is that the attendance 
ftniidental and precarious, to tiie great inconvenience and loss 

■ o suitors. The simple and obvious remedy for this state of 
^ is to supersede altogether jurisdictions which are clearly 

Itbed for the regular and adequate discharge of the appellate 
ction, and to replace them by a single court which shall be 
btitntad of the persons best fitted for the duties, which shall be 
iBtantly accessible, and composed of such various elements as 

II be most adapted to deal with the diversity of matters which 
I come nnder its cognisance. And here wo come upon a ques- 
B of great consequence and of some difficulty, namely, whether 
re shottld be more than one appeal from the Court of First In- 
Bce. As you may he aware, at present there is a double appeal, 

"It to tho Chancellor, Lords Justices, or Exchequer Chamber, 
i afterwards to the House of Lords. I confess it appears to 
t t)i»t if Toa create a really powerful and competent Court of 
4»eiil, all tile argument is in favour of deciding the question 

■ single appeal. If that position is accepted you will then be 
Ib to get rid of the complicated and multifarious jurisdiction 
tiw Qiancellor, the Lords Justices, the Exchequer Chamber, 



42 Address on Jurisprudence and Amendment of the Law. 

the House of Lords, and the Judicial Committee, and conoentnta 
the whole in one great Auiwllate Court, which ought to be com« 
posed of a sufficient number of the most eminent men in cveiy 
department of juris|)ru<lence, wlio, sitting continuously, should 




Supreme Court of Appeal, witli a Vice-President, and eight 
other judges. This number is that selected by the Judicature 
Commission, who propose to compose the court of the Lord 
Chancellor, the Lords Justices, the Master of the Rolls, tliree 
permanent Judges, and three Judges of the Supreme Conrt 
(to be annually nominated by the Crown). To this method 
of composing the court there seems to me to be serious ob- 
jections. I cannot discover clearly whether it is the intention 
of the Commission that these judges should bo exclusively 
occupied in ap])ellate business ; if so, I do not understand whj 
they are to retain different titles, and, I presume, receive 
diflferent salaries. If they are still to perform tlieir present 
functions the objection to the dislocation of the regular functions 
of the ordinary courts, in order to constitute an appellate juris- 
diction, would still prevail. In the second place, the annual 
nomination of three judges by the Crown seems to be neither a 
very convenient nor, indeed, very constitutional proceeding. To 
make one-third part of the appellate tribunal annually dc{)endent 
on the patronage of the administration, is a proposal which I 
feel sure neither the country nor the House of Commons would 
ever tolerate. What I woukl venture to suggest is that thii 
highest court of the kingdom should bo a permanent court, that 
it should sit constantly, without interruj)tion from other judicial 
duties, «and that it should be composed of all the elements of 
various excellence which every branch of the profession can 
aiibrd. It has been well observed that it is only by experience 
that it can be discovered whether a successful advocate will make 
a good judge. But, in the constitution of the Court of Appeal 
we should be able to select those who have on the Bench proved 
themselves endowed in tho highest degree with the judicial 
faculty. The ten judges of the Supreme Court would embraoe 
in their number the best commercial and real property lawyen 
amongst our judges ; they would include at least one eminent 
Scotch judge ; probably it might be advantageous to take from 
the Irish Bench some judge conversant with the particular 
social condition of that country. It would likewise include 
Indian judges, some lawyer who had made colonial law his 
s})eeial study, and i)ersoiis who, it may bo ho|)ed, will be more 
immerous in the future than they have been in the post, whoi| 



B;/ W. Venm Ilareourt, Q.C., M.P. 43 

fir William Scott, are deeply veraed in the Civil Law, tlie 

of Nations, and Qonoral Jurisprudence. In order that 

It court miglit be c<mstautly sitting whilst au adequate vaca- 

oQ was provided for tlie judges, I slionld propose that eight 

should be continually on duty. Each judge would tuus 

vacatiou of ten weeks in tlio yeax; two being always off 

; one time. If the court rose lor a Ibrtnight at Christmas 

inld give a vacation of three raontha to every judge, a 

which no one will bo disposed to say is too short. The 

gat Judges thus constautly at work, mi^ht sit as was most 

MiTenicat in one or two divisions, the cliief justice of the court 

mo£ iKtwcr to arrange the busiuosa as he thought best. In 

,01 great coueequeuco the whole judicial strength might 

DOgut to bear. In ordinary causes probably two courts 

, be constantly sitting, one consisting of 6ve, the other 

ee members, which would be variously composed, nccord- 

the cbaractpr of the business to be disposed of — t!ie Presi- 

^f the Suiireme Court presiding in one (livision and the Vice- 

bnt iu tlie other. I need hardly insist on the advantages 

such a plan would offer as contrasted with tho present 

. Instead of precarious hearings, at ancertaln period)*, 

i^conrt accidentally composed, we sliould have a eystetn 

lellate Jurisdiution constantly accessible, whoso business 

be regularly disposed of ay judges sulected j'or their 

E fitness for this particular purpose. It will not be 
that a court of such authority, by tho permanence of 
trader and the fixity of its dcci^ons, would give au 
It of certainty and stability to the law which it greatly 
ea. Tho argument of Sir K, Palmer, in his evidence before 
ifda' Commiltee of 1856, has entirely convinced mo that, 
ourt of Final Anpeal, the judgment of the court ought, 
now in tlie Judicial Committee, to bo unanimous. In a 
» oo constituted, with such facilities for the despatch of 
moess, all ibiit delay which is productive of so much cost and 
loyance to the suitor would disappear, and an appeal to the 
e Court would be no nior ; tedious and expensive thnu 
ler Btago in tho suit. It may be thought that such a 
would be a too expensive luxury, and would make fresh 
3 on the patience of the taxpayer. But I would under- 
find the meaoB for its support without adding a farthing 
.J judicial expenditure. It would bo a groat error to under- 
,^ Judges exercising these high functions. Yon cannot 
" to get the best men from so highly-paid a profession as 
r except by offering to tho judgea higli salaries. Tho 
:Qt and Vice-President of the Supreme Court of Appeal 
bo the hijghest judicial functionaries in the country, and 
receive the salaries of tho Lord-Chaiicollor and the Chief 



44 Address m Jurisprudence and Amendment cf the Law. 

Justice of England, namely, the one 10,0002., tbe other 800( 
a-year. The other eight judges would receive 6000t a-y«i 
which is the salary of the Lords Justices in Equity at preMi 
By taking the salaries now paid to the Lord Cliancellor, ti 
Chief Justices and Chief Baron of the Courts of Commoii La 
the Lords Justices, the Master of the Ilolls, and the Bx-^CUi 
cellors, you will find you have a sufficient fund to provide \ 
the payment of the Supreme Court of Appeal on the scale Ilu 
indicated. A verj' groat economy might be effected by the abo 
tion of the numerous and excessive staff which has grown 
about separate Courts, a matter to which I will presently t^l 
It has been said it would not be easy to find so large a numl 
as ten judges fitted for the duties oi*^ the appellate jurisdiciii 
I confess, to me the difficulty appears of the opposite nain 
namely, to limit the persons who have just claims upon sad 
situation to so small a figure. If it were not inv dious to me 
tion individuals, I think I could produce double that number 
names, from any or all of whom might be selected the Court 
Appeal of which any country and any profession might be jnsi 
proud. Indeed I rcel half disposed to borrow from the bcot 
and Irish establishments sufficient funds to provide two mc 
Judges of Appeal, so as to make up the whole number to twel^ 

THE OFFICE OF LOBD CHANCELLOR. 

As I have mentioned the office of Lord Chancellor, I w 
venture to remark that the time seems now to have arrive 
especially in oonnectioYi with the constitution of a new appdii 
jurisdiction^ when the whole nature and functions of that offi 
should be reconsidered with a view to its reformation. Nothu 
but the antiquity and traditional splendour of the office cot 
explain or justify the existence of so anomalous a functiomtt 
Wnilst all the other judges in the land are, by the fnndamei 
principles of the Constitution, made irremovable by the Cron 
the Chancellors share the fate of the Minister of the di 
Whilst the judicial office is in all its other departments careful 
guarded from the infiuence of party politics, the first judge 
the country is essentially a party politician, and his politics i 
of the very essence of j^is judicial position. Since the reO( 
reform in the Court of Chancery his original jurisdictioa 
Equity has been greatly contracted, and his appellate auUieif 
has become superfluous since the institution of the Ld 
Justices. The absurdity of connecting the head of the law * 
clusively with one part of the profession, namely, the administ 
tion of Equity, is sufficiently obvious, and it becomes poaith 
scandalous when, as happens as oflen as not, from the exifl 
cies in politics, the Chief Judge in Equity knows nothing of 
principles or the practice of the court in which he presi 



^ W. Vernon tfarmtrt, Q.C., M.P. 45 

me has arrived when the bend of tlie law Bboulil no longer 
^Bport of tlw vioissituUes of party, but should be the per- 
il Dead of tlie ^ent conrt, whicii, in the last resort, is to 
ilie Iaw for the whole empire- I would therefore separate 
4ber the judioial i'rota the ))oUtic&I fonetioDs of the otUco 
AuccIIor, and make the ChaQoellor in his legal capacity 
ermanent President of the Supreme Court of Appeal, 
the uature of our Constitution it is necesaaiy that aucb a 
tment 09 that of law and jostioe, expending out of the 
) tasaljon no less than 4,01>U,000/,, should be represented 
trliuaent by a responsible niiuistor. I would propose, 
^ra, to constitute the otKco whicli has been so lung wanted, 
« Minister of Justice, to whom would be attributed all tho 
ioal functions now exercised by the Lord Chancellor, and 
file whole of the legal and semi-judicial business of the 
') Offifij. There would tliou, I think, be no reason why 
lunw OfGce and the Board of Ti'ado should not be con- 
ited into a siikgle department, liaving cognizanoe over all 
Btic adniiuistration. 

[THE LAW OFFICERS OP THE C80WN. 
.is worthy of consideratioa whether, as tlie judioial head 
he law would — as he ought — cease to be a member 
K Cabinet, the office of A ttomey- General, who is tlio 
too-lctgal adviser of the GoveiTunent, should not, as in 
*^Tica, be raised to a higher dignity. It has always seotned 
y most absurd that when political questions of the greatest 
^aace arise, such iB those connected with civil disturbance 
M, or iateruational quarrels abroad, the authority vouched 
\ Qovemment is nut that of their Cabinet colleague the 
Kellor, but that of tho comparatively irreBponsible law 
m of the Crouu, whose opinions are always referred to but 
f produced. It appears to me that the person whose advice is 
iacted upon ought to be a minister responsibio to the coun- 
ijl tiaoaot but think that the whole position of tlie law ofHcers 
i> Cvown requires to be reconsidered. The Attorney- and 
i|ti)r-General enjoy an ofheial income of not less, oft«u much 
than 10,000/. ; an income equal to that of the Lord Chan- 
aod twice as great as that of the I'rimo Minister. And 
i a general rule, they pack the aflairs of the public into 
bberetioes of their private business. How small a portion 
itinie of a Crown lawyer, with a largo jirivate business, is 
ji to tlia State, is well known. And yet for a salary of 
l)Oi- ft year, the nation has some right to expect that it 
;have at least liie " first call," which, when placed in oom- 
witb private clients, it seldom gets. 



46 Address on Jurisprudence and Amendment of the Law. 

With these suggestions for the constitation of a Sapre 
Court of Appeal, I pass on to the consideration of the Ooart 
First Instance. 

C0UBT8 OF FIRST IN8TANGB. 

It will be seen that in order to constitute the Appellate Con 

I have absor])ed the offices of the Lord Chancellor, Lords Ji 

tices, Master of the Rolls, the three Chiefs of the Common L 

Courts, and the Ex-Chancellors. As I have before shown. th< 

still remain undisposed of twenty-five judges of the cfan 

Vice-Chancellors, Puisne Judges, &c., including in the nnnil 

the judges in Probate and Admiralty, and also the four reoen 

created judges of the Privv Council. These twenty-fl 

judges, with their several functions properly distributed, will. 

believe, be more than ample to discharge the duties of Courts 

the First Instance, in a much more efficient manner than tb 

are at present fulfilled. For the business to be transacted 

head-quarters in London, I would take eighteen judges. I pr 

pose, in the case of the Supreme Court of First Instance, as ; 

that of Appeal, that it shall be constantly sitting and perpetual 

accessible. In order to give to the judges, as in the foruM 

case, a proper vacation, it would be necessary that three of fl 

judges should be always en congi. This would admit of eac 

judge having two months' vacation, besides a fortnight at Chriil 

mas (which would be the onlv universal vacation), or ten wed 

vacation in the year ; a holiaay which, I believe, most men i 

business or office would envy. There would thus be fiftee 

judges of First Instance sitting every day of the year, with ik 

exception of the Christinas fortnight vacation. These judge 

would fulfil the functions now discharged by the ordinary Conrl 

of Common Law and Equity ; but they would discharge thei 

without the interruption introduced by vacations, terms, cii 

cnits, and sittings in a])poal. I need hardly point out to an 

practitioner, what would be the economy of time and labour, 

the Court of Queen's Bench, for instance, sat for the traiu 

action of business continually without vacations, without on 

cuits, without intervals of Exchequer Chamber business, withoi 

sittings at Westminster or Ouildhall. I think it would not I 

too much to say, that its power for the transaction of bustne 

would be more than doubled. It must be obvious to any oi 

how the business would be simplified, expedited, andT in 

proved in regularity and despatch. Now the business of tl 

Court of First Instance naturally divides itself into Htm 

heads, and when the fusion of Law and Equity is effecte 

will fall into the following distribution : — (l.) Practice az 

Procedure ; (2.) Issues of Fact ; (8.) Issues of Law. It Beec 



Sij W. Vernon Ttarfourl, Q.C., MP. 



47 



that what you require is to make provision for the 
it and constant transaction of each class of business 
these several heads. I would assign to each department 
letent nnmhfr of judges who should be constantly occu- 
i despatching its business. Experience would show what 
IB pro|xirtion of judicial foi-ce required for each class of 
p. For the sake of illustration I will for the present 
them equally. There would then be five judges sitting 
II the year round to transact the hnsiness of Chambers as 
JetL They would take all the business now transacted at 
(TS, and it wonld probably be found possible to transfer 
t all tlie ordinary motions now made in Conrt connected 
jgal procedure. Under them woidd have to be reor- 
I the whole system of the Chief Clerk's and Master's office, 
V to secure a more speedy and satisfactory transaction 
jusinesB of administration, by wliich the Court of Chan- 
now BO grievously blocked up. 

[ to the question of procedure comes that of the trial of 
of fact. These are now mostly confined to what are 
causes at Nisi Prius arising in the ordinary piocednre at 
an Law ; but when the special jurisdiction of Equity dls- 
I, a great deal of tiie business now heard iudisenminately 
i Court of Equity wdl resolve itself into its separate 
to of law and tact. We most make, therefore, a more 
Te and constant provision for the trial of issues of fact 
e at present possess, I should, therefore, propose that, 
of the present occasional Nisi Prius sittings at West- 
[ and the Gnildhall, there should be five judges constantly 
hi London for the trial of issues of fact, whether arising 
nuts in Law, Equity, Bankruptcy, Probate, Divorce, or 
ilty; in short, to dispose of all questions of fact, however 
kay arise in any legal proceedings. I do not intend in 
ly to interfere with the functions of the jury as it at 
, exists, though I do not doubt that in course of time, 
I sorts of questions will more and more be left by the 
; of the partiiis to the decision of the jndge. I doubt if in 
QS where character, damages, or liberty, are involved, n 
lUd erer with advantnge bo dispensed with. These judges 
lave tlie assistance, in matters of account and business 
j disposed of in court, of the official referees recommended 
Judicature Commission, and to whom I shall presently 
I think any one acquainted with the business of Nisi 
B London would agree that two or three j udgcs constantly 
foold dispose of the business far more satisfactorily than 

Kit in tlie confused rush of the sittings, in which 
to be off to Westminster almost as soon as they 



48 'Adtlrets m Jvri^mt^enet onA AmenSmmt cfttie Jjme. M 

have arrived. It woald bo easy to diajKise of tliu businoin 
classes, fio that criminal caaes buould be tried iu one iM>nrt|fl 
vorco cases in another, admiralty ca^GS in anoUier, nud so ftVjH 
Having tliUB provided Tor tlie coDstanL and i-e^lar disj^f 
of trials of fact, it remains only to consider how to deal ^M 
the issues of law, i-e., the class of questions which nro now^l 
judicatod by the (!!onrts of Westmiuater sitting m banco, JM 
Judicature Commissioners Iiave animadverted on the groiuwH 
distinction which now prevails in the practice of the CoartiH 
Equity ftud Common Law. In Equity a single jtuige is con- 
sidered aa sufficient in the Court of First Instance to adjudicate 
Dpon all questions of law and of fact which arise within hii 
jurisdiction. In the Courts of Common Law, on the other 
hand, the business is thought to require the presence of 
three or lourjudgea. Yot the questions at iasuo iu the latter 
case are not more important than those in the former. As tbo 
Judicature Commissioners justly obser^-e, " there would there- 
' fore seem to be either a want of power in the Court of Chancenr 
or an excess of power iti the Courts of Common Law ;" and tlui 
conclusion at which they arrive is that, " With a Court of 
Ajipeul constantly sitting and easy of access, matters of gnat 
importance might properly, aa now in the Court of Chancery, 
be left to tlie jurisdiction in the first instance of a single judge." 
Adopting this conclusion, we should have live judges composu^ 
five different Courts of First Instance to dispose of issuM m 
law. They would have to discharge the business which now 
devolves ujion the three Courts of Common Law sitting m 
batico, and that of the Viee-CIiimcellora and Master of the IvoUs 
in Equity, so far at least as matters of law are concerned. 
IJut wlien it is considered that they would have at tlwii 
disposal all the time which the courts now consume in LomiaD 
sittings, circuits, and vacations, and all the time which tlie 
Equity judges expend upon matters which are not questwni 
of law, it will be admitted that their number would i>c fir 
more tlian equivalent in point of judicial time made availabk 
for tlio transaction of tliis description of business, tbtj 
woulil further be relieved altogether from that great mauM 
business which arises out of JSisi Prius causes in the Wftfcf 
applications for new trials and tlio deetsioa of points of Is* 
reserved. As it would not be expedient to submit to a single 
judge matters in the nature of an appeal from another judged 
co-orilinate authority, I should propose that the whole of tUi 
class of questions snould be carried at once to the Court o 
Appeal, which, sitting constantly in two chambers, would Imv 
Buthcient time to dispose of them. Thus the London itosioet 
of the Courts of First Instance will have been com 




Mm W. Vtnum Ilurcourt, Q.C., M.P. 49 

Joi;. W^ shall have five judges constantly disposing of 
instDees of proce<laro at CliamberB, fiva judges constantly 
(; issues of fact, five judges jJcrpetuaUy occupied in the 
of issues of law; nnil thus every cIjibs of buiiness will 
jed in an uninterrupted flow; and presiding over the wholn, 
giving fixity and unity to the administration of tlie law in 
^artnientS) would be a Court ol' Apju-al whose proceedinga 
constant, Ej>eedy, and uniform would act as the pendulum 
n regulating the movement of a clock. As regards the 
X of First Instiincc, it will not bo at all necessary to confii:o 
to the monotouons transactions of one particular class of 

Em. The}' will be all co-ordinate and co-cqual judges of 
prenie Court, and each will be able to fulfil the duties 
pli department interchangeably. As each judge will bo on 
aime months in the year, ho might take three months in 
(Icputoient, or those who were considered to have a spocial 
ide for one particular line might be exclusively devoted to 
Tor the purjiose of distributinc their functaons properly 
inveniently, there should be a Qiiof Jnstico of the gupreuie 
, who, liko the general of an arm;-, would have authority 
ex Uie work of tho judges as he thought best. He would 
nine the rotation of the work, and would direct how manj* 
liat judges should undertake the business of each court, 
juld have a. Bt-nutv Chief Justice who would presido in 
wnce. Tlie Chief "Justice would have a salary of 80U0/, 
, and the Dejiuty 7000/, a year. Tho rest oi' llio sixteou 
would have SIJOO/. a-year, which, as tliey would be ro- 
from the ex]»ense of circuit, would be practically an 
c of their present salary. 

OFFICIAL REFEREES. 

order to complete the organization of the Court of First 
!«', it is essential to provide a maohinery, which is at 
it tmnentably wanting, in the shape oi' a standing body of 
m, to discharge the functions whieh are now delegated, at 
expense, and with immonBo loss of time, to private arbi- 
B. There is no part of the Report of tho Judicature Coni- 
m which appears to nic mora valuable than that which re- 
loads the Hppointmeiit of official referees. Tlie scenes which 
place on a Circuit, or at the London Sittings, are a scandal 
to the Bar, the Bench, and tho profession. The unfortunate 

who, at great expense, and after an immense loss of time, 
; last succeeded in getting his case into court, and thinks, 

M«y man, that at length it in about to be tried, hoars a 
iriana colloquy between the judge and the counsel, the 
.of which is ihat both cordinlly agree the case \^ one not 



50 Address an Jurisprudence aiki Annfuimewt of tlie Law. 

fit to be tried in Court, and it is suji^gcstcd that it shall be 
referred to some " gentleman at the Bar." This is the pro- 
cess familiarly known at the Bar by the term " opening i 
reference." It is one singularly convenient to judges, 
barristers, solicitors, and the "gentlemen at the Bar" 
waiting to be referees, indeed, to everybody except the 
suitors who have to i)ay for it. The briefs have been de- 
livered, the counsel have been paid, the witnesses summoned 
all the costs incurred, and then, just to get rid of the case 
and escape from the unseemly hurrj'-scurry of on ill-organizec 
judicial system, the unhappy litigimt finds he has to begin al 
over again. Tlie "gentleman at the Bar," who is constituted the 
judge at the exjKinsi^ of the suitor, has other engagements, the 
arbitration drags its slow length along for weeks, months, 
sometimes for years, and at the end the suitor finds that, havin/i 
paid the costs of the suit, t he costs of the arl)itration amount tc 
three or four times as much more. I know that in more recent 
times this evil has l)ecn somewhat abated by the power giver 
under the Common Law Procedure Act, and that in matters o: 
accoimt the work has been well d(me by the Masters of the Courts 
lint their limited power still leaves much scope for the old prao 
tice. Of all the anuses of our judicial system, this seems to me 
to be one of the worst and the most intolerable. I do not Aeaj 
that there are matters of account and of detail, which are nol 
susceptible of being conveniently tri<xl at Nisi Prius (tliongh ] 
think the judges and counsel (jontrivo to find a good many more 
of such crises than tiny need), but if the suitor is remitted tc 
another tribunal, it is too bad that he should have to bear the ex* 

1)ensc of both. If he is to Ixi sent to arbitration, a competent ar* 
litrator, ready to do his work, should bo found as a regular par 
of the judicial system. 1 trust that under a proper organizatioi 
of judicial referees, the abominable hardship, of private reforencei 
will disappear. I i)ropose, as part of the plan, to establisl 
in London ten permanent official referees, with salaries of 1500J 
a-year. The number may seem large, but their duties would h 
multifarious. I shcnild |)roposc that they should consist o 
persons selected for various qualifications : thus one or more o 
them might be professional accountants ; one, possibly, a sur 
vcyor ; one a man of science, who might act as assessor o 
referee in patent causes ; and so on ; indeed, tliat they should b 
a body of experts in the different classes of facts which wi 
ordinarily come within their cognisance. They should have tl 
same vacation as the judges, and their number would adm 
of eight coiLstimtly sitting. One of their principal functior 
should be to settle sjKicial ca.^es, in which the facts would I 
found, and the matters of law rcfeiTcd to the Court. Probabl 



Sy W. Venton tTarcoarl, Q.C, M.P. 

a large part of the wnrk no^r transacted in the Mast«r'B 
Bees, or in tliosc of the Chief Clerk, might bo with advantage 
msferred to these officials. There is nothing whicli seems 
lOFfi to require roform tlian the btnck of business in these 
Rtemal avenues of the htw. Tlie administrative business of 
Qitncerjr, in respect of trust estates, winding-up suits, &c., &c,, 
Jtquiroa an entire reorganization. But this ib too large and 
Sniicata a question to enter upon at present. At some future 
ime I shall be prepared to show, that by a simplification and 
onfolidation of these offices, a more rapid despatcti of business 
lay be efiected consistently with a large reduction in the present 
IsOTinous expense of the staff. 

CIHCCITS. 

It irill bo observed tliat I Imve as yet made no provision for 
He business of circuit, and that I have devoted the whole time 
tf tlie eighteen Judges of First Instance to London business. 

Kit, on the other baud, I have only as yet disposed of twenty- 
5I1I ont of the thirty-five available judges. There are seven, 

lerefore, in reserve ; and I would propose wltli that force to 
Unact the provincial business of circuit. The present arrangc- 
ents of circuit are notoriously inconvenient and unsntisfactorj'. 
^ first and great objection is, that in order to transact the busi- 
sa of circuit, the whole judicial organization in the metropolis 
lentirely susjiended and broken up twice, and in part three times 
I Ihe Tear. ■ Tliis state of tilings, which was tolerabio when tlio 
innBictions of the countiy were small, and necessary when the 
Mas of communication were few, ia entirely inappi-opriate to 
tt |ircscnt condition. But, in spite of this great dislocation of 
e Central business, the arrangements for the benefit of the 
antry are wholly inadequate. Circuit in most places is still 
wcrned by the old geographical traditions, and takes as little 
— -tance of the growtn ot population and wealth as did the 
! of Commons in the days of Giatton and Old Sarum. I 
^^ I that twenty-two circuit towns have less than 10,000 
il)>bitants, six jilaces have less than 5000, and eight or nine 
I^acts have little above that uumbcr. How many large and 
pc^ons places have to send their causes to be tried in small 
Bid unimportant towns ? And, furthermore, between the 
ftniiig and snmuier circuits eight months must always elapse, 
.mriog wluch no cause can be tried, except by sending up the 
Tritneae«s, attorneys, &c., to London, at great expense to the 
jiitor and much hardship to the London jurymen. 
The remedy for all these evils is one whieli has long ago been 
eomniendea, and which seems to be favoured by two membera 
r the profession of great authority — I mean the Solicitor- 



si Addreu on Juriiprudenee and AmendnuMt cf the L<^^ 

General and Mr. Jnstice Smith — who, in their note appen< 
to the report of the Judicature Commission, recommend as 
alternative ^* that the present system of circuits should be al 
gether discontinued, and provincial courts estaUiahed w 
assigned districts, having judges who shall go frequent drci 
to convenient places within such districts." i confess t 
scheme appears to me to be recommended by every possible C( 
sideration of convenience. If England was dividea into se^ 
districts, called circuit districts, and seven judges of the Supre 
Court of the First Instance assigned to them, the judge ot e 
district mi^ht reside in some convenient place within the < 
trict, and hold his circuit courts at regular intcr>*a]s in all 
principal places of the district. He would have all the dign 
and authority of a judge of assize — though he might possi 
dispense with the high sheriff and his javelin men — and, in fi 
fulfil exactly the same functions as the judges trying issues 
fact in London. The appeal from his decisions would be imn 
diate to the Supreme Court. 

Let us see how this plan would work in practice. Supp 
we divide England into seven districts, and take ten princi 
places in each district. The judge might hold in each place 
assize averaging a week in length, for ten successive weeks 
each quarter of the year, with an interval of three weeks betwi 
each circuit, which would give him three months' vacat 
yearly. Thus every place of any importance would have 
quarterly gaol delivery, and a nuarterly despatch of its ci 
business, cither in the town itself or at a convenient distau 
I have put down tentatively (of course without sufficient kno 
ledge to arrange the local details perfectly), the sort of pla* 
which would come under the operation of such a scheme. 

North-Ecutern District. North' Western District, 

Newcastle. Carlisle. 

Durham. Whitehaven. 

Darlingtou. Lancaster. 

York. Preston. 

Hull. Liverpool. 

Leeds. Manchester. 

Doncaster. Rochdale. 

Sheffield. Bury. 

Halifax. Wigan. 

Bradford. Macclesfield. 

Midland District, East Midland District. 

Birmingham. Bctford. 

Stafford. Lincoln. 

Wolverhampton. Peterborough. 

Derby. Cambridge. 



By W. Vernon Harcaurt, Q.C., M.P. 53 



Midland — canUnued, 


East Midland^^'continued, 


Coventiy. 

Stoke. 

Leicester. 


Norwich. 
Ipswich. 
Bedford. 


Notttnghom. 

Warwick. 

Bewdlej. 


Northampton. 

Buckingham. 

Bugby. 


West Midland District 


South- fFestem District, 


Chester. 


Truro. 


Carnaryon. 
Shrewsbury. 
Aberystwith. 
Pembroke. 


Plymouth. 
Exeter. 
Bridgewater. 
Bristol. 


Swansea. 


Stroud. 


Cardiff. 

Hereford. 

Gloucester. 


Salisbury. 

Southampton. 

Portsmouth. 


Worcester. 


Oxford. 


South-Eastem. 


Harwich. 
Hertford. 
Reading. 


Hastings. 

Tunbridge. 

Dover. 


Guildford. 
Brighton. 


Canterbury. 
Chelmsford. 



This list of names is merely suggestive. Experience might 
prove that it was expedient to devote more time to a fewer 
Dumber of places. 

I need hardly point out the advantages of such a plan over 
the present system. Instead of two civil assizes and three gaol 
deliveries a year held at three or four towns at considerable 
distances, there would be four civil and criminal circuits held 
every year at ten places in each district. The bustle and con- 
fusion of the assize would disappear. Business would bo 
regularly and rapidly transacted. It would probably end in 
many causes being tried on the spot which are now carried at 
great expense of time and money to London. And it is not 
unlikely that before long these courts would draw to themselves 
and absorb a great part of the business now transacted by the 
County Court judges, the recorders, and even the Quarter Ses- 
sions. By the establishment at a moderate expense of a circuit 
clerk in each circuit town the judge would be made aware of 
the amount of business which might be expected at each place, 
and he could arrange tlie time to be devoted to each accordingly. 
I observe that in the annual estimates a sum of 10,000/. a year 
is voted for payments for judges' lodgings. If a sum of 500/. 



ment wnich would not conduce either to their advantage < 
of the public. Thoy might either serve in rotation witli 
judges in London, or, which perhaps would be betti 
younger judges on their first appointment would tal 
provincial districts, and on vacancies occurring they woi 
removed to London with the advantage of the experience 
they had gained in provincial practice. 

LOCAL JURISDICTION. 

The whole question of local jurisdiction is one of 
importance, and of no less difficulty. Tlie old idea tl 
the business of the law was to be transacted ^^ in the ] 
Courts at Westminster, before the King himself/' hi 
come wholly unsuitable to our modern condition of s< 
The palliatives of Circuit and of County Courts have 
partially met the requirements of the case. It seem 
deed, absurd that towns like Leeds, Manchester, Liv< 
and Birmingham, should be obliged to resort to I 
for their law. The plan I have proposed would go f 
way to meet the principal inconvenience, which consi 
carrying the witnesses in trials of fact to such a distar 
wish I could see my way to localising the whole pi*oced^ 
that writs might be issued^ pleadings settled, the interlo 
business done, and the legal issues decided also on th( 
But the difficulties in the way of such a system seem toe 
to be surmounted at present It would be impossible to ti 
this sort of business at very numerous points. It wo 
necessary to have some one centre in each provincial d 



■ upon the present bnaEnees is apparent from tJio 
m3 in the Judicial Statistica of the number of causes now 
i ufion Circuit. 

Itliink the ti^^ires will probably snrprise some of my hearers 
imiidi Hs thcv hfive done me: — Causes triM in 1870 : — Home 
iTBiiIt, 207; "Midlftnd, 143; Norfolk, 58 j Northeni, 27; 
hrfot^, 97; Western, 62; Bristol, 40; North Wales, 35; 
WoJea, 26 : Palatine of Dorhnm, 11 ; Palatine of 
tilcast«r, 30t>. 

il, of oonrse, antieipate a very largo increase in these numbers 
Knt three causes. — (1.) That when greater facilities are given 
IrkiCa] triaU, many causes wliich are now sent to London will 
e tried on the spot, (2.) Tlie merging of all the several 
utKiietiooB in Equity, Law. Bankruptcy, Divorce, Probate, 
idrairalty, Ae., into one system will give rise to separate trials 
'aialtars of fact to a (iir greater degree than exists at present. 
i facl, Uie provincial jiiilge will sift out at Hull or Liverpool 
I thwe questions of fact which now come in a miscellaneous 
!sT before the Vice-Cha«cellprs, the Jnilm in Bankruptcy, or 
ia Judge of Admiralty in London. And (3.) I anticipate that 
"htge part of tlie business wliicK now occupies the County 
Inrls will eorae before the Superior Judge, either in the way 
[liti^Iial or '^ppejlata jurisdiction. 

'■'"' - ' /; COtJMTT COURTS. 

ilSe tnatier of the constitution and action of the County 
imrta ia one which requires careful review. I believe the 
ibject is engaging the attention of the Judicature Commis- 
si, but they Gave not presented any report on the subject, 
A have not (what I think is to ho regretted) allowed thu 
lliic the advantage of seeing the evidence they have 
Ifin. However, we have snffioient facta in our possossion to 
fafy my mind that there is room and necessity for an ex- 
refbrm and economy in the wliole organization of tlie 
Court. First of all wo have the appalling figures of 
. '06/. in the estimates as tlie cost of tM County Courts, 
iides 02,700/. for the judges, or "more than half a million of 
jODey in all. It is trno a large part of this money is recouped 
" tlie TrcasiiiT in fees, but that is accomplished by exac- 
ins eooruionsly oppressive in proportion to tbo earns dcait 
tb. I. shall say nothing at present about the stall' of tho 
^iimty Courts apart from the judges. Its cost is immejiBB and, 
Iteiiwe, quit© unnecpssary. Indeed, I think it may be seriously 
estioncd how far a judicial tribimal should be made, what the 
maty Courts practically are, a machinery for the collection of 
lall debtB. My remarks will be confined to the judicial body of 
B Ooonty Courts. I find there are sixty judges at a cost 



dwiti' 



should iinafi[ine Bufficiently ample. But if that were 
work they do at present might, oy a oonsolidation and n 
tution of their circuits, be perfectly well done by^a nui 
judges equal to two-tliirds of the present number. I 
therefore propose to reduce the number of County Court 
from sixty to forty. This would be at once a saving of i 
a-year to the country. 

But it is not only the quantity or cost of the present 
Court work which requires to be considered, its qua! 
has been gravely questioned. Nothing can be furtlier fi 
desire tlian to s})eak with disrespect of a class of funoti< 
who, I believe, on the whole, discharge their duties 
exemplary manner. Wo have amongst us lioro a gei 
who fills the oiHce of County Court judge in a neigh' 
district, who, by his learning and position in the pro 
would be entitled to tlie highest post on the Bcnoh 
Superior Courts, I mean our friend and Vice-Preside 
Daniel. But this is not, and cannot be expected to be, t 
When you have an inferior office, with a lower salary, y( 
expect, and you do in fact get, as a rule, men of a less 
guishod order. I must also beg pardon for observing tl 

i'udicial class seems to iiavo boon particularly exposed 
»aneful influence of political patronage and personal ff 
ism. To say that tne solicitors generally are satisfic 
tlie administration of County Court justice would, I fear, 
correct. How can it be otherwise ? You have reoentl 
mulated on these judges a very multifarious and com 
jurisdiction in Equity, Bankruptcy, Admiralty, and F 
indeed, their functions are now more onerous and diiHci 



i1 - /» iV - ---? -_. ?-. 1 TT 



% W. Pwmw Bareom*, Q.C, M.P. B7 

bitmocl or guided by any aooessible appellate jnrisdiotlon. 
Scost and difficulty of carrying an appeal from the County 
■Tt to the Courts in Westminster ii such that the number 

Epeds is eurioufily small— attended, liowever, by the re- 
ibh) fact that the proportion of reveraals of decisiooB is 
iwly large. Now, as a remedy for these obvious defects, 
iEuuld propose to inciorporute the County Court system with 
I Prorincial SD]iBrior Courts which I have auggflst«d. I 
mid, in fact, make the County Court Judgos in each of tlie 
ton provincial districts a sort of puisnes, subordinate to, and 
!(ject to un appeal to the provincial judge of the Court of 
nt Instance This would give a readily accessible aud cheap 
peal on the spot from their decisions to the superior judge and 
mill give to tlieir jurisdictions a uniformity of principle and 
ike which they at present want. Taking the number of 
inty Court judges at forty, as I have proposed, and exeinding 
t Iiondon district, this would give a staff of about five County 
art judges to he distributed in the most convenient manner 



bortoni 



each of the seven provincial districts. With these sis 
»B8, one sn|)crior, and hve inferior judges in each district, I 
Bve tile locid jurisdiction might be more efficiently and hotter 
lini&tered than it is at prcaeot. Confidence would be estab- 
ed on the part of the profession and the public in the system, 
ittegree which would allow of your extending your local 
idiotion to a greater degree even than at present. By 
it» I anticipate thai you would restore so large a partof tliu 
mess which now goes to London lo its oivn locality, that you 
lid probably be aWe to spare enough judges from Loudon, to 
ble the number of superior judges in the provinces, and so 
Mid completely localise your jurisdiction — a matter the 
nnoe of which I, equally with my friend Mr. Daniel, 
Twio^isc, though T seek its accomplishment by somewhat 
nareot means. Under the proposed new organization of local 
sdicUon, the loss important eases would go to the County 
nrt judges, and in cases which, though small in amonnt, 
folved important principles, there would exist a cheap and 
iljr appeal. Except when the superiop judge thought fit to 
id the caflc to the Supreme Appellate Court, I would make 
lappaal to bim from the County Court judge final. I M-ould 
10 giro to the superior ]irovincial judge the |>ower of employing 
) County Court judges lis offieial rclerees, to whom he couhl 
nit questions which ho oonld not conveniently try — u thing 
Dcb is as roncii wanted in tlie contitry as in London, and foi- 
at present we have no pr(i\iBion. This question of Comity 
organization is one of great im]X)rtance and complexity, 
1 Ihave been only able to deal with it in outline. There is 
<l<nibl that the vast and costly atafi' of Kegistrars recj^uires to 



58 Address on Jufnepriidenee aiid Amendtneni of the Law* 

be entirely revised in order to make it both less expensive 
more efReient The work of the superior provincial JQcIge nt < 
oi his Circuit Towns (the localities of which^ as I have saidy i: 
be determined by experience and local convenience)^ will be 
To dispose of all criminal business ; (2.) To try the civil ca' 
brought before him in his original jurisdiction ; (3. ) To hear tpp 
from the County Court judge of the district. This being don 
each place four times a-year^ will bring the business into ininf 
able compass, and afford in each case a speedy and cheap rem< 

THE SUBOBDINATB STAFF OF TtlE COTTETS. 

I now come to another matter, which seems to ma to dem 
revision and reform — I mean the subordinate official ^taff^wl 
has grown up, like all the rest, accidentally, and without 
order, and which is consequently at once irrational and 
travagant I am no advocate, as I have said) for underpa] 
your great judicial functionaries, and 1 think. jqo one will 
that the salaries I have proposed to assign to the different of! 
are inadequate. But the salaries of the judges themselves f 
an infinitesimal portion of tlie judicial expenditure* They I 
about as small a proportion to the whole as does a pri 
gentleman's personal consumption of food to the cost of m 
taining his establishment The judicial, like every o 
department of oar public offices, is eaten up by the cost of i 
I will take the liberty to call parasitical expenses. To illust 
what I mean, I will cite, from the estimates of law and ju 
for this year, what may be called the personal staff of the 1 
Chancellor, as distinguised from the administrative staff of 
Court of Chancery, 

1871-72. 
The Lord Chancellor's Offices. £ 

Clerk of the Crown in Chancery * t,200 

Chief Clerk tp ditto ... ... 805 

Second Clerk to ditto . 203 

Tliird Clerk to ditto 103 ■ 

Messenger ... ... 100.; 

Secretary to Lord Chancellor 1>200 . . 

Secretary of Commissions of Peace ... ... 400 

Secretary of Presentations «... 400^ 

Gentlemen of the Cliamber .,^ 500.. 

Pnrsebearer ... . , «*. 500 

Ditto for performing the duties of Sealer 
and Chaff Wax ... . ,100 

£5,011 



•**> 



• The office of Clerk to the Crown ongbt posslhly tb be teferted rat 
the class of administrstiTe offices* 



Brought forward f5,0n 

Porter to tho Groat Seal ... ... ... 2J0 

Trointcarer 200 

'' Ueeeenger lo the Lord Chancellor during his 

^ absence from town 100 

*■ Usher of the Hail, Liucoln'ainu 300 

ripslttfF 200 

Messenger to the &reat Seat 50 

Persons to Iceep order in Court ... ... SCO 

First Clerk in the Lord Clioncellor's Principal 

SecreUirj's Office 400 

Second Clerk in the Lord Cliancelior'a Principal 

Secretary's OfBcu 200 

Court Keeper at Wesliniuater 800 



amonnt almost equal to tbe salary of the Lord Cliancellor 
Jf, I will add the Officers of iho Master of the Rolls. 

Masiek of the Rolls' Officers. £ 

1 Preucher at ihe Rolls Chapel 180 

1 Secretary 1,200 

1 Secretary of Causes 1,000 

1 Gentleman of the Chamber 400 

. 1 Second Geatleniao of the Chamber and Train- 
bearer 300 

1 Tipstaff 42 

I Usher of the Court 130 

1 Porter to the Court 110 

1 First Clerk in the Secretary's Office at the 

Bolls m 

1 Second Clerk iu the Secretary's Office at the 

Rolls 100 

i BMiQEi to me, tlie only person hardly used in this cttse ii 
nnfortaRate preacher, who gets about half tlie salary of 
»nd gentlemnti of the chamber and trainbearer." 
b thwe may be added a few other choice items from tLa 
{fitintfttes. 

£ «. d.. 
Sl^er to the Courts nt Lincoln's Inu .,. 105 
Bag bearer for supplying Cause Liets ... 60 
Sergeant at Artn^— 

Board Wages 54 19 

Allowancea 45 12 

[To vhich is appended this note : — These 
Sulariea and allowances are in aildition 
lo ibo salary of 1500/. furnished lor 
the salaries and allowances in the li^- 
timato for the House of Lords,} 



60 Address on Jurisprudence and Amendment of the Law. 

£ #. d. 

Messengers to Great Seal 154 

EmbroideresB for Lord 70 

ChaDcellor's Purse — 

Petty Bag 62 

This is in addition to 13002^ a year expended on the mji- 
terious office of Petty Bag. 

This sort of expenditure would be ludicrous if it were not 
scandalous. Such items of public charge carry one back to 
the days of the ^^ black book/' or to the times of Eldon and the 
abuses which were lashed by the satire of Burke in his greit 
sj)Gech on economical reform. Why is the Lord Chancellor 
to have 2600/. a-year's worth of private secrotarvBhip when a 
Secretary of State is content >vith 300/. ? What does the pone 
bearer do for 500/. a-year, and does the extra 100/. a-year re- 
munerate him for actual services rendered in ** chafing " tha 
wax ? — an offi(X3 which I once heard a distinguished chuioellflr 
say was performed by his kitchen-maid in the scullery. The 
last item is 300/. a year for the court keeper of Westminster 
— a court in which for years the Chancellor has never ttL 
Another 300/. a year is charged for persons to keep orfa 
in court — I presume the Chancellor s court at LmcobA 
Inn — a court in which the Chancellor sat only forty^idiB 
days last year — a place whose transactions are not prot6» 
oative of violent emotions. It reminds mo of an exdamatktt 
of Mr. Windham, when some Parliamentary speaker, in Ae 
debate on the Walcheron expedition, suggcstecf a cQup-'d&^maiii^ 
the Scheldt *^ A coup-de-nuiin in the Scheldt ? You midrt 
as well talk of a couixle^mnin in the Court of Chancery!" 
A remark which, Mr. Wilberforce says, threw the Honse d 
Commons into a fit of inextinguishable laughter. I will ventow 
to say that the head of the police will guarantee the tranquilKiy 
of the court at Lincoln's Inn in which the Chancellor sometimes 
Bits, and the court at Westminster, where he never sits, by the 
help of a policeman of the A division, at a guinea a week, and 
the country may apply the residuary 550/. a year to some inon 
useful and creditable object The same sort of reckless an< 
wanton waste runs through all the subordinate courts. It cosi 
800/. a-year to find i^ersons to "keep order" in the drOws 
seats of the Lords Justices and the Vice-Chancellors. An e? 
Secretary of Presentations has told us in the House of Commoi 
that he had nothing to do — a thing which is easily credible. An 
why out of this huge staff some one could not be found for lei 
than 400/. to send a circular to 999 out of the 1000 clerics 
applicants for every living that falls vacant, to say that the Loi 
Chancellor will '^ consider his claims," it is diracult to divin 
The Secretary to Commissions in the Peace is in pari maUri 



By W. Vernon ffarcmrt^ Q.C.y M.P. 61 

ight pursue the matter further — ^but this is enough. The 
tg is as lamentable as it is laughable. 

[ow I will take the sums at present voted for purposes quite 
rt from what I will call the administrative business of the 
rt, and which may be properly applied to the formation 
oew staffs for the courts. They are in round numbers as 
ows: — 

Clerks of Assize ... £21,700 



Lord Chancellor's Officers ... 
Master of Rolls' „ 
Lords Jastices' „ 

Vioe-Cbancellors* „ 
Judges' Clerks 
Probate and Admiralty Courts 

Marshals of Jadges ... 



7,400 
3,600 
2,200 
3,500 
26,600 
3,000 
5,000 
2,500 



£75,500 
Tow what has to be provided is an adequate staff for each of 
courts which it is proposed to establish. There are (1.) The 
reme Court of Appeal ; (2.) Fifteen Courts of First Instance 
stantly in session in London; (3.) The seven district 
jes in the provinces; (4.) The official referees in London, 
at is wanted is an adequate — not an extravagant — staff of 
I competent to arrange the mechanical business of the court 
to keep its records. Tlie sort of officer required is to be 
id in men of the class of the managing clerks of a first-class 
mey's office, or the head clerk of a barrister in large prac- 
• As the Supi'eme Court will have a double chamber it will 
aire a twofold staff. I woiJd allow AOOOL a year for this 
F, which would supply — 

1 Registrar £],000 



1 Deputy Registrar ... 

2 Chief Clerks at £600 a year 
2 Second Clerks at £300 ... 
2 Third Clerks at £200 



800 

1,200 

600 

400 



£4,000 
For each of the Courts of First Instance in London I would 
)w 2000/. a year, and the same for the judges in the pro- 
ces. This would give — 

1 Registrar £700 

1 Deputy Registrar ... ... ... ... 600 

rClerkat£300 300 

2 Clerks al £200 400 

£2,000 



68 Addrew m Juriapmimee and Anmidm^ 

To the official referees I wonld assiffn two derkfly one pt 44 
the other at 300/., or 700L to each referee. The staff in jbsoI 
these cases would admit of an ample vacation for the reejsti 
and clerks, and yet provide for a constant sitting of the Con 

Let us compare the pecuniary result with the present ezp 
ditnre. We should have — 

Supreme Court of Appeal £4|0(X> 

15 Courts of First lustance in London ... 30,000 
7 Courts of First Instance in the Provinces... 14,000 
10 Official Referees 7,000 

£65,000 

as against 75,000/. a-year on the present system) or a saving 
20,000/. a-year. Lideed, the saving would be much larj 
if I am to include the figures (which I have not by me 
the moment) of the cost due to the judicial staff of the Ho 
of Lords, and the Committee of Privy Council, which wo 
now become superfluous. 

THE ADMINISTRATIVE STAFF OF THE LAW. 

It has been objected to some animadversions I have m 
elsewhere on the vastness of the legal expenditure, that I h 
not taken account of the administrative functions performed 
our judicial system. Certainly I have not been unmindfhl 
that important and arduous part of this great question ; buJ 
chaos is the rule in our judicial system, we find confusion wc 
confounded in the administrative branch. Let mo bring un 
your view at a glance the state of this matter, as it appears 
the face of the annual estimates. We find-^ 

CHANCERT — 

Master of Roll Chambers 

Vice^Chttncellor's Chambers 

Accountant^GreDeral's Department 

Registrar's Office 

Examiner's Office 

Petty Bag Office 

Taxing Master's Office 

Office of Records and Writs 

Report Office 

Clerk of Enrolments 

Office of Master in Lunacy 

Office of Visitors of Lunatics 

Office of Registrar in Lunacy 

Incidental Ex|)enscs ) 



£150,000 



Bjf W. Yemoii ffarcourt, Q.C.^ MJ?. 68 

HON LAW. 



Offices, 
Crowti Office 

Registrar of Judgments ^£50^000 

Registrar of Certificates 
Queen's Remembrancer's Office 

rKBUPTCY. 

Accountant's Department 

Comptrollers' „ 

Chief Registrars' „ 

Senior Registrars' „ 

Registration of Assignments 

Re^trar^s Department 

Master's Department \SJ^Z 000 

Registrar of Meetings 

Official Assignee's Department 

Messenger's Department 

Usher's Department 

Late Insolvent Debtor's Court 

Former District Courts 

Incidental Expenses 

[JHTT COUBTS . ... ■••«. £400,000 

QRT OF PROBATE AND DirORCB. 

MIQALTr COURT ... £13,000 

iking Uie asiouuding total of 776,000^, at the cost of what 
lybe called the administrative clerkshioof our judicial system, 
e subject is too vast and intricate to admit of my dealing with 
witliin the compass of this address. I have undertaken to 
bmit the whole question to the corucflblo of a Parliamentary 
juiry ; but I think the mere recital of these multifarious and 
oltiplied offices, will satisfy any one conversant with admi- 
stration, that when the separate and distinct jurisdictions of 
ir legal procedure are welded into one orderly and homogeneous 
hole, this staff may be consolidated and reorganised in a manner 
hich shall provide for a better despatch of business (which is 
ow far from what is to be desired), whilst at the same time a 
Teat economy of expenditure both to the suitor and the public 
lay be effected. 

COST AND RESULTS OF THE PROPOSED PLAN. 

I will now endeavour to present a brief view of the results of 
the proposed scheme, as compared with the existing systemi 
both as it respects costs and efficiency. And first as to cost \ — 



64 Address on Jurisprudence and Amendment of the Law. 



Present Establishment. 

£ 

7 Equity Judges ... 43,000 
18 Common Law Judges 97,000 

1 Admiralty Judge ... 5,000 

I Probate and Divorce 

Judge ... ..• 5|000 

4 Judges of Judicial 

Committee ... .20,000 

4 Ex-Cliancellors ... 20,000 

Salaries of 20 County 
Court Judges to be 
extinguished ... 35,000. 

Vote for Judges' lodg- 
ings ] 0,000 



Total £235,000 



11 

-«1 



o 

3 
O 



Proposed Plah. 

jE 

President 10,000 

Vice-President . . 8,000 
8 Judges, 6000/1 each 48,000 

£66,000 



8 

G 

s 



t 

o 

I 



Chief Justice ... 8,0C0 

Deputy Chief Justice 7,000 
16 Judges in London, 
5000/. each ... 80,000 
^ 7 Judges in the pro- 
vinces 5,500/. each 38,500 

£133,500 

10 Official Referees, 
1,500/. each ... 15,000 



Total... 



£214,500 



or on the whole the cost of the proposed plan would be 20,000i» 
a-year less than the present system. 

If this sum bo added to that which I liavo already shown 
might be saved on Uie subordinate ofticial staff you would hiTS 
a iiind of 40,000/. a year, an amount more than sufficient 
to establish the office of the Minister of Justice, without anj 
additional cost. Now let^ us examine the question of the com- 
parative efHciency of the two systems. 

(1.) You will have a good and competent Court of Appeal 
constantly sitting — a thing which is now wholly wanting. 

(2.) "You would have a regularly organized Court of Knt 
Instance constantly in session, and despatching all classes of 
business in a methodical manner — a condition of things which at 
present we are wholly without. 

(3.) You would have a body of experienced ofHcial refereei 
competent to deal with all classes of technical questions — a pro- 
vision which our present system nowhere supplies. 

(4.) You would have a similar provision through the CoontJ 
Court judges of eiRcient referees in the provinces. 

(5.) You would have throughout the country quarterly a> 
cuits at all the principal centres of ix)pulation and commcroey 
for the despatch of civil and criminal business — a thing which 
nowhere exists. 

(6.) You would establish an easily accessible appellate juris* 
diction^ which would give greater unity and efficiency to the 
County Courts, and wliich would enable you safely to extend 



Sif W. Vemtn ffnrcoitrt, Q.C, MP. 65 

r local jorisdic^on to a degree wliioli is at present impos- 

Yoa would get all this, and still you would have a reserve 
Ki,OO0/., out of which yo\i might found a Ministry of 
'" — a tiling 80 long desired and so greJitly required- 
will haru Ifl complain of these cliaoges ? Not the 
I conceive, for thoy gain far greater aceommodatlon and 
nee at no additional charge. Not tlie Bench, I believe, 
iclg© will receive a less salaiy, and almost all more than 
The first judge will have the sfilary of the Ciian- 
it will he permanent. There will be two judges, . 

aalariea of 80O0/. a year, instead of one only aa at present. 

Eeht judges will have sularics oi' 6000/., instead of only three 
ruifeea as at present. The judges of the Court of Firat Instance 
iU hare their 5000/. a year dischai^ed of the expense of 
whiclt is a heavy deduction. The judges in tho pro- 
mII have 5500/. Lastly. Wliy should tlie Bar or the 
dUiTS fear a system, which, by iiicihtating the administra- 
I of the law, would inevitably iiiereaso busincas ? 
have gone into long and, I fear, ntost wearisome details on 
'tabject, because I am well aware how Idle it is to shadow 
in general terms imiirovcmcuta of this nature, without 
ring that one has takon the pains to examine the qncstion 
iMy, and without, at least, endeavouring to prove that tho 
is one which can be practically carried into effect. 

THE LAND LAWS. 

is impossible to conclude any business which professes to 
will) the general amendment of the law without making 
I reference to tho groat topic which is commonly called 
B Land Question." That tJiero are very wld and loose 
MiODa floating through tho public mind on the matter ia a 
tocial and political fact, which it would be vain to ignore. 
Hat, in tliif* densely populated country, with a limited soil, the 
pasession of tho land is in a very few hands, is a circumstanco 
which cannot be denied. That tho prize ia valuable, and tho 
ginriwn which guard it are few, is a thing obvious to all. This 
isiBtate of things which is natural, and, indeed, inevitable in 
mild society, and it is one which it is impossiblo to change 
mibont violating all those fundamental laws of proi>erty upon 
wliicii the very framework of society depends, and which it is 
Ihe office of social science to defend. To shake, or even to 
menace, the security of that which is the main inducement to 
prodenoe, industry, and saving, would indeed be to stay the 
im which lays the golden egg. It ia not likely that those 

i- L 



66 Address on Jurisprudence and Amendment of the ttfine. 

fatal idoasy which have subverted Continontal aociety^ will find 
support in this country, still loss that they will receive any 
countenance from those whose business and study it is, bj 
giving to proportv an adequate protection, to secure to all tb 
legitimate fruits of their own exertions. But, as the old proverb 
runs, ^^ Tlicre is seldom smoke without fire," and, inadmissiUe 
as are many of the projects which have been put forth with 
reference to the tenure of land, it is not tho less certain tint 
the law relating to land in this country is in a profoondlj 
unsatisfactory condition. 

Speaking on this subject recently, the present Lord Chanoelkr 
said : — 

'< Although many of the old tenures were abolished in the reign rf 
Charles II., the lawyers went on in the same way, and built up ai 
extraordinary system of conveyancing — the most extraordiniij 
system ever heard of, and probably, one never to be heard of igiiB. 
lie could not conceive anytliing much worse than the present eon* 
dition of the law of real property/' 

When such language can bo held bv such authority, every 
one must ieel that the time is come when, to use the common 
phrase, ^^ something must be done." Nothing is more certain 
to encourage dangerous schemes than to admit an evil and 

fret to provide no remedy for it I have said that it is not 
ikely that we shall seek that remedy in subversive and anti- 
social ideas. Tlie real evil is of a very different nature, and 
admits of a wholly different cure. It is true it is tho businea 
of the law to defend the rights of property ; but, in the first 
place, it is very necessary that wo should clearly understand 
what those rights of property are. Of all property there ii 
none in which the public, i,e.j the nation at larce, are more 
deeply concerned than that which consists in land. We can 
never forget that the aggregate of private properties in EnffliA 
land constitutes England itself, and that England, afler ul, is 
the possession of the English people. The nation must haTSi 
and has, in fact, what the lawyers call tho ^^ eminent domain 
over the land which they inhabit. Indeed, this idea, which ifl 
essential to the very existence of every nation which hai 
emei'ged from the barbarous condition of a wandering tribe 
has always found its place in the law, whether in the ^^ foU 
land" of earlier times, or in the feudal doctrine whicfa| i 
dieory , regards all land to bo held of the head of the State. W 
act upon it every dav when we comi>cl a man to surrender hi 
land, whether he will or not (of course with due compensation] 
for some work of public utility. Of all the wealtn which 
nation possesses, beyond all doubt, the greatest^ and the inoi 



Drtant, ia its laad. Even in this country, in spite of tbo 
rmoas development of trade and tnannfiicttiring industry, 

gruatest trade, and the most vuluable ol' all manufactures, 
he commerce in the produce of tlie soil. That this great 
»nal " plant," if I may be permitted the phrase, should be 
led to the best accouut, is a matter which clearly concerns, 
i moat intimate manuer, tho welfare of the ^tate. Yet, 
D the very nature of this prpjierty, most uuaonnd opinions 
rdl amongst those who conceive thoy are tho special cham- 
08 of the right* of property, and who, by the very estre- 
y of their opinions, euditnger the existence of the Institution 
r profess to defend. 

wiU venture, on this subject likewise, to quote the language 
•■.W.D.Lewis:- 

'Most persons possessod of properly coQceive that it Is absolutely 
r own to do OB they will with it. Their noigbbours, the public, 
Stftte, they consider have no interest, no lawful concern in their 
li«ition and diepoeal of it. It is theirs, they suppose, by a tiUa 
ch oicliiJos all inquiry as to wbat becomes of it in the future. 
J may direct, they think, all the income which it yields, all the 
It which It produces, to be hoarded and nccuniulated for succes- 
I derations ; and they even ^laim to do this so capriciously that 
me in whom they can have any pei-sonal interest can possibly 
re any benefit Irom the fund. They think they may entail their 
8 indefinitely upon their posterity so that it shall never pass oot 
idr fnfflily or becgme the subject of sale or barter. They imagine 
can impose upon tlie objects of their bounty any and every cun- 
n that acceatricity can suggest. They can prevent, they think, 
' Ifi^tae from parting with it and his creditors from touchiug it, 
require him to pass u life of celibacy and at his death not to 
with it as bis own. In fact, tho vulgar notion of property is 
h is not the creation of the law, with such incidents only as the 
has attached to it for the general good, but that ownership is an 
mive personal attribute, of the eiercise of which no account can 
iquired, and one, indeed, in the exercise of which no interest can 
ihty belong to others. The law, on the other hand, looks on 
nty as an institution allowed and established for tho public 
I. It con (in OS, therefore, the power which this property 
sn to such objects and within such limits as are consistent 
I tiit general welfare. As it is not for tbo public welfare 
the property should become a alagnaut possession and un- 
nciJve to the community ; as it is not good to withdraw it 
I commerce, or allow the dominion of it to be shackled with 
itions precluding the sale of it ; as it is good that Guccussful 
ihanLs and traders, who desire to become luudnwners und found 
blishmonts for their families should be encouraged iu such endea- 
n j as it is not good that property should be transmitted corapul- 
5—2 



68 Address on Jurisprudence and Amendment o/the Law 

Borily in the line of impoverished families which hare losi 
influence and their means of discharging the duties of their po 
as all these are considerations which the law has in view 
institution of private property, so it has guarded and qualifi< 
institution by those just regulations — the rule against perpe 
the Thelluson Act, the provisions against unlimited entails, a 
rules which prohibit conditions against alienation and the i 
other conditions contrary to public policy. * Ergo unum deb 
omnibus propositum ut eadem sit u^iitas uniuscujusque < 
versorum quam si ad so quisque rapiat dissolvetur omnis human 
sortio.' Of all these regulations and the spirit of the law whicl 
rise to them there is a lamentable degree of ignorance in a 
Witness the numerous wills, whether of the small Cumberland y 
or the squire of a whole county, which are repeatedly nullified 
attention to these principles. Both the one and the other cod 
when making his will, that the law will execute without demur 
vain and fanciful intentions by means of which he is seeking (i 
be) to retain for himself in future ages a control over that wh 
can no longer personally enjoy, and to retain it, too, by rest 
the legitimate use of it by Uiosc that come after him." 

Though it is true, as Mr. Lewis observes, that the h 
theory givos no countenance to these ideas as to the nat 
property, it must be admitted that in its practice it hf 
much ministered to these unwise tendencies. No one will 
that it is of the highest importance to tlio State that cs 
without which no business can flourish, should flow free!} 
tho greatest of all businesses — the cultivation of the soil, 
are our legal and social arrangements such as to eneourag 
stimulate this application of capital to tho land ? Aro thei 
on tlio contrary, such as in every possible way to disco 
and drive away capital from the land ? In tho first pla 
all lawyers and most landed proprietors know too wel 
cost involved in tho purchaso and sale of land is owi] 
tho disgraceful state of our registration of title — some t^ 
times greater than the purchaso of stocks. I have no 
and you would have no patience to enter upon tho ooi 
and tedious question of the registration of title. Il 
been investigated over and over again, always with a 
versal condemnation of tlie existing system of conveyan 
but all the remedies attempted have hitherto proved vi 
nugatory. Tho difficulty lies not so much in the registi 
of title as in the nature of title itself. As long as you p 
land to be carved into innumerable estates — estates foi 
estates in remainder, estates tail, trust estates, jointuresi 
tions, &c., &c. — so long you will and must have an unmanag 
tiUe^ and a property which, commercially speaking, is im 



Sy ^- Vmum Harcoitrt, Q-C, M.P. 

lie tn deal with. But the commorcial aspect of the question, 
irtant &9 it is, is as nothing compared with its sooiul and 
iDjJ bearings. Though it is an indispntablo proposition 
all property of overy kind must be held Bubordinate to tho 
-ests of the community, — and it is the highest interest of 
wmmBnity that property should be secure, in order that 
1 should hare duo eucourft^cmcitt to sitvc and accumulate 
capital wliich is the reservoir by which liibour can alone be 
ained and a nation flourish — there are, I think, particuliu- 
ons why property in land shoidd be an objoot of special 
citade to the State. 
Irst of all, as I have already pointed out, tho individual 
erties in land constitute in tlio aggregate the luuntry in 
ih we live. To misuso or to waste hind is nothing else but 
vaste and misuse England. If a man has 50,000/. a year in 
I Funds and chooses to dissipate it in riotous living he alono 
the worse for it. Tho stock passes into otlier hands, who 
DW how to employ it better, and it can hardly be said that 
I national interests seriuuKly suffer. But if a man with 50,000/. 
rear in land Iota his property go to rack and ruin, it is not ho 
ne that sufTurs. The homesteads and tho tillages over 50,000 
«s and the people who inhabit them suB'er by his fault. 
B land is ill-farmed, because no tenant feels safe in investing 
capital in laud which he cannot himself improve, and whieli 
landlord cannot improve for him. The [>easants are ill- 
ill-paid, ill-taught, ill-fed. Consider the contrast 
I the condition of a district which has passed out of the 
lis of a reckless and impoverished proprietor into those of a 
I who by his care and industry has acquired tho means 
ioh enabfe him to purchase it. Tho whole aspect of tho 
try changes. Cottages are improved, schools are built, 
i are enlarged, tenants with capital ai'e introduced, wages 
) as the means of paying them increase. The land exhibits oU 
diflference which we see between a well and an ill-cultivated 
i — the one desolate, sour, rank with weeds, and destitute of 
M; the other standing so thick with com that, in the langitage 
lebrew imagery, it may bo said to " laugh and sing." Surely 
bcilitato and permit such a change is a matter of the highest 
al and political consequence. 

tut wlien I say property in land is a matter which in a pecu- 
degree interests tho State, I wish carefully to guard my 
^nage, and not to be misnnderatood, I know there are 
le who would wish to see tho State itself assume the ad- 
liatration of the land. In that view I confess I cannot 
cur. I believe that tiie Htate is extremely ill-fitted to 
form either the public or the private fauctions of a 



le'b 



70 Address on Jurisprudence and Amendment of the Law. 

landowner. If any man doubts this he can know littk 
of the present administration of the Crown Lands. ThM 
are others who desire to obtain by le^slative action the 
greater subdivision of land, with a notion that land mij 
be made cheap, and be held with advantage by small pro* 
prietors. I am equally unable to concur in such an idei. 
You cannot by any iu*tificial and compulsory process mab 
that chea]) which the law of demand ana supply makes neces- 
sarily dear. In a rich country with a limited soil, where 
there is little land to be bought, and many who have the 
means and the wish to buy it, land is and always must be 
dear. You might as well think of passing an Act to mtke 
pearls and diamonds cheap. For a man with a small capital the 
purchase of land must always bo an unprofitable and nnaesinibb 
investment. He is certain to exhaust on the purchase the whole 
working capital which ho ought to expend on its cultivation. 
I believe land will be best administered by leaving it in the 
hands of private proprietors, who buy what they want and 
sell when they wish, trusting to the effectual operation of 
the law of sclf-intcrast to teach to make the best of that 
which they have acquired. You cannot, without creating 
more evils than you cure, attempt to make men improve 
their property as they ought. But you can, and, in my judg- 
ment, you should, remove all those artificial restrictions whuh 
at present the law permits men to raise up in the way of that 
freedom in dealing with land which is the first condition of iti 
commercial and social improvement. It is in this sense that I 
think the Legislature may beneficially act, not bv arbitrary 
interference with proprietors, but by removing tnose fetten 
which embarrass the freedom of their action, in this way yon 
may go a long distance towards the accomplishment of the 
desired end, without any infringement of those laws of political 
economy which can never bo violated with impunity. 

The real remedy, I venture to think, is to be sought not by i 
system of registering complicated titles but by a simplification c 
title itself. Let mo try to explain what I mean to my nm 
learned hearers. Every one knows that by the law of England 
a man possessed of land in fee simple may, by deed or wiC 
dispose of it to any number of living persons in succession, am 
to an unborn generation^ for a limitea period. In fact, a grea. 
part of the land of England is held under such dispositions 
which are called "strict settlements," more popularly knowi 
by the name of the law of entail. Without entering int< 
technical detail I may point out that the nominal proprietor o 
estates so settled is r^ly not the proprietor at all. He has m 
power of alienation ; in many cases ne can neither borrow noi 



By W. Vernon Saroourt, Q.C.^ M.P. 71 

harge the estate, or onlj to a very limited extent ; for though 
Qiny settlements contain powers of sale, they do not place at 
]» disposal of the life tenant the proceeds of the sale which 
ae re-invested by the tmstees in other land or some other 
Ncority. He is the mere recipient of the rents of the land, 
or of such portion of it as remains over after the payment of 
charges created by previous incumbrances. What is the prac- 
tical result of this state of things? The person whom I 
Tentnre to call the nominal proprietor is in the receipt pro- 
bably of an income barely sufficient for the immediate wants 
of himself and his family. He has, let us say, a net income 
of 5000/. a year, which is absolutely settled on his eldest son. 
If he expends money on the improvement of the estate, he does 
K) at the expense of the only fund out of which he can provide 
for his younger children, in favour of that child who is ultimately 
(o take all. The land requires the expenditure of capital for drain- 
ige, building of cottages, erection of farm buildinf]rs, &c., Ac. For 
want of this capital the land languishes ; the impulation upon it 
|Hnes;the proprietor himself, with a greatnominal income, scrapes 
ilong in splendid penury. Where is this proprietor to get that 
capital which is necessary for the proper administration of that 
9sbite of which, in the true sense of the term^ ho is the steward 
(or the nation, and on account of which the people dependent 
upon him suffer day by day ? The settlement under which he 
holds absolutely debars him from finding the means of doino; 
that which it is to his interest and to the interest of all around 
liim that he should do. If ho could soil, the estate might pass 
nto the hands of some one who had the means of doing justice 

it If he could borrow he might be able to do justice to it 
timself. But the law allows him to do neither. And in so far 
8 it prevents this I venture to aflSrm that the law of settlement 

1 an evil to society, as it is to the land and those who reside 
pen it. Don't let it be supposed that this is a hypoUietical 
lischief which has no extensive operation in fact. 

If you will look at those painfully interesting documents, 
hich mnst, before long, occupy the serious attention of the 
egislature — I mean the reports of the Commissioners on the 
mditionof the agricultural population — you will find how great 
part of the evils, which cry aloud for a remedy, are due to 
us great defect of the land laws. The passages in the second 
sport, which refer to this subject, are too long to quote, but in 
age 221 of Mr. Tremenheere's Report, he says : — 

"It has been shown that a large proportion of the great and 
lagrant defects still existing in the manner in which the agricultural 
UboQiers of this country are housed, is traceable to this system of 



72 Address on Jurisprudence and Amendment of the 1 

'strict settleinents/ and tho connequent habit of incumberii 
estates. It has been shown that this system is of com] 
recent origin, dating only from the end of the 1 7th, and the 1 
of the last century. If Parliament should now recognise i 
serious degree, injurious to the public interests, its com] 
recent origin would make it less difficult to bring it back \ 
reasonable and proper bounds contemplated by its inventon 

I believe, in this passage is to bo found an indication o 
chango which is required in our land laws, namely, a n 
of the largo powers of contingent limitations which th 
present permits. Tho ovil consists in tho want of powc 
nominal owner to deal with the estate, in consequcnc 
ulterior interests which have been lawfully createcf in i 
other persons. I need not say I do not suggest any int< 
with rights already veste<l. iJut if, in the future, tho 
allowed tho creation of an absolute ])roprietor8hip in Ian 
porty, either in resjXKst of tho legal or cquitablo estate, i 
law allowed tho erection for tho future of no estates 
except absolute estates in feo simple, those fetters by wl 
is now injuriously confined would be gradually removi 
should no longer see land, and thoso who are doi)cnd 
it, languish in consequence of a law which unnatiurall 
it in the hands of persons who are unable to do their di 
The owner who, by his own imprudence, or by the fad 
])redece8sors, has so encumbered his estate that he can i 
find tho working capital to deal with it to advantag 
part with it by a natural process to thoso who, by grea 
and self-denial, have accumulated the means to acquii 
improve it. 

1 do not now enter upon tlie details of the chango it 
which would be necessary to give effect to this princ 
the principle itself were accepted it would not bo dii 
carry it out. It would bo necessary to mako some ] 
for leasing powers, and also for tlio case of minor 
In such a proposal, it seems to mo, there is no infri 
of the strictest right of property, properly understooc 
only a further extension of the limitation which the , 
im]K)ses upon the indefinite future disposition of ] 
It does not, like tho French law, dictate the pre 
in which a man shall dispose of his estate. It has 
cessary tendency to the subdivision of land, though ; 
and probably would afford an inducement to landoii 
sell outlying estates on which they do not reside, and 
means diminish that great and, I fear, increasing evil o 
teeism which, though we hear of it less, exists, and is ai 
in England as in Ireland. Such a chango would mere!} 



By W, Vemm Sareoart, Q.C.^ M.P. 7fl 

artificial restrictions which the law imposes u])on tho natural 
go of pi-oporty irora tho hands of the insolvent to those of 
Holveut possessor. It would eocure the beneficial transfer of 
id by a constant and natural process from the charge of those 
D do not know how to take care of their property into that iif 
nu who know how to take caro of it. The thing nhicli is 
Diixl is not that a man who is proprietor of an estate should 
pusf] of it as and to whom he pleases, but that ho should 
im to control its disposition and impress upon tho laud his 
m will long after he has ceased to exist, ^uch a pretension 
psars to me to be as contrary to the interest of society as it is 
the laws of nature. " We brought notliing into the world, and 
lean carrj- nothing out." And why should the '"dead hand" 
I allowed to extend its grasp beyond the grave, niid still para- 
K liy its chill touch, perhaps lor half a century, tho fortunes of 
^ livmg ? I know in my own personal oxijcrience an estate which 
I been absolutely bound lor sixty years by tlio will of a former 
oprietor, without any power on tho part of any subsequent 
zuEsor to deal with or dispose of it What possible pur|Kjso 
I such a state of the law serve ? whilst the mischiefs it creates 
[ cd>vious enough. It will bo sai<l that the present system is 
fflisary in order to keep up old families. I venture, however, 
think that old families, if they are worth keeping up, will 
ip up themselves. And if they are unable to take c^ro of 
nsolvos it is not for their advantage, certainly not for tho 
roatage of the community, that tho law should attempt to 
l|i them up. A law framed with such an object is in 
I nature of a protective duty of the worst description. I 
o't disparage the advantages, social or political, of tradi- 
nart' associutions, but they will be all tho stronger when 
(jf stand tipon their own merits and rely upon tneir own 
nnrcea. Tlie scion of a bankrupt race starving on an im- 
Krished estate in the midst of an imcared-for tenantry, 
not a spectacle which is a source of strength, but rather 
woakness to an ancient aristocracy. I do not desire to do 
uatice to the landed iutcrest. I believe the landowners of 
gland aa a class have deserved well of the country. They 
e administered the great national estate, on the whole, 
the public advantage. The improvements of the last thirty 
Irs ofTected in the land of Great Britain are, I believe, 
tliout example in any other country in Europe. S])enk- 
[ generally, and in spite of great temptations to the con- 
ry, Uie landowners of England have been a prudent, 
vral, and improving class, and tho owners of even life 
1 have denied themselves in order to benefit their sue- 
t. They have done all this, not by virtue of the law of entail. 



74 Address on Jurisprudence and Amendment oftlie Law. 

but in spite of it But for such men the law of entail is whoDjf 
Tinneccssary ; they would do just as well without it This protec- 
tion is only required by those who least dcsen'o it I entireljr 
deny that the law ought to lend itself to the mere vanity of raoBi 
in order to protect men by artificial barriers from the just 
consequences of their own vices or imprudence, by preventing 
their estates from passing into the hands of those who wonla 
make a better use of them, to the advantage of the community 
at large. I am not unaware that, recognising the nature of the 
mischiefs arising from the law of settlement, various legislative 
attempts have been made to mitigate their consequences bj 
giving certain powers to the owners of limited estates to deal 
with and charge the inheritance. All such provisions are, of 
c*ourse, in point of principle, so far as they go, practically a 
breach of the entail, and a departure from the will of the creator 
of the settlement. Whilst, however, conceding the principle to 
its full extent, these enactments have been in the main inopera- 
tive. The consents neccssarilj' and justly required on the part 
of the persons entitled to ulterior interests have made these pro- 
visions practically inoperative. Tlio reason why this is so will 
be found stated in the Report on the condition of the agricul- 
tural population, to which I have already referred. I am 
happy to see that the mischief consequent on the limited 
powers of the owners of real estate is pressing itself on tho 
attention of the class from whom, if they understood thdi 
real interests aright, the amendment of the law of entai 
ought to come — I mean the landed proprietors themselves 
Within tho last week I have seen a strong expression c 
opinion from two members of the House of Commons, in 
timately connected with the land ; one my friend Mr. H. F 
Brand, the member for Herts, the other a gentleman sitting o 
the Conservative side of the House, and bearing the histories 
name of Cameron of Lochiel, the member i'or Inverness. 1 
the speech of Mr. Brand, and the letter of Mr. Cameron, 
observe that they both demand on the part of the owners c 
estates a greater freedom from the shackles imposed by the lai 
of settlements. But it is not only with the class of landowner 
that we have to contend — there is another class to which I refe 
with some trepidation, on whom tho fate of tho question of th 
land laws still more depends — I mean the solicitors. Of all th 
vices which exist in our legal system, there is none more mis 
chievous than the absurdity of the principles upon which th 
remuneration of solicitors is now settled. The plan of payin 
solicitors, not by the value of the end accomplished, but by th 
amount of the work they are able to create, renders that im 
portant class of the profession almost perforce antagonistic t 



By W. Vernon Harcourt, Q.C.^ M.P. 75 

flie reform and simplification of tho law. No class of men, from 
ibe responsibility imposed npon them, and tho high qualities 
they bring to the disciiarge of their duties, deserve to be better 
imrded.' But to make it the interest of a man to prolong and 
multiply deeds, by paying him at so much a folio, is only to 
demde the profession. JSefore we can hope to enlist tho 
adidtors on our side in the reform of conveyancing we must 
adopt the Scotch plan of making their payment like that of a 
boKer an ad valorem payment proportioned to the money value 
of the transaction. 

I have already detained you too long, and I must now con- 
dade. A very few words more and I have done. I would ven- 
ture to say, let us, whilst we advance with hope and eagerness in 
the path of progress towards the future, look with no unmindful 
or ungrateful regard towards the past, to which wo owe so 
much, but, building on its sure foundations, endeavour our- 
selves to contribute something to that great stock of wisdom, 
the iruit of experience which we have inherited from those who 
btve gone before us, that so we may be no unworthy heirs of 
the generations to whom we owe all that we have, and may like 
ibem perform our part towards thoso who shall succeed us. If 
in any or all these reforms we could succeed in engaging the 
earnest and active co-operation of such communities as that in 
the midst of which we are now collected, more than half the 
eaose would be won. And standing here in this great town, 
myself bom and bred a Yorkshireman, and speaking to York- 
sUremen, permit me to remind you with pride and satisfaction, 
tfatt when JBrougham — a name ever to be revered by this county 
as by this Association — went out to do battle with the legion 
of legal abuses, he sallied forth conquering and to conquer, as 
knight of this famous shire, with the sword of Yorkshire girt 
npon his thigh, and with the voice of Yorkshire at his back. 



^r'ijhm 



BY 

EDWARD BAINES, M.P., 

ON 

EDUCATION. 



I ACCEPT this lionourabic position witli much diffidence; 
for of all the departments of Social Science none sur* 
passes, or perhaps equals, that of education, either in im\)Ot' 
tance or difficulty ; and there arc several gentlemen present 
whose opinions on the subject are entitled to much greater 
weight than mine. Giant steps have lately been taken in 
every branch of national education, and I believe them to 
have been essentisUly right and wise. But each advanee 
reveals more clearly the greatness of the work that was to be 
done, the extent uf the deficiencies to be supplied, and the 
difficulties of various kinds to be encountered, before we can 
regard the education of the people as satisfactory. We are 
like builders who have prepared plans and raised a scafFoldingt 
but whose structure has scarcely risen above its foundatioi&fi* 
The nation may be said to have required its Legislature ao^^ 
Government to undertake this all-important work. And 
authorities having obeyed the call, they now, in their tui 
appeal to the people to give effect to the laws which have b^ 
passed. For, however needful may be the action of Govern:^^^^ 
mcnt to organize, inspect, and enforce, the moving and suati 
ing power can only be found in public opinion. 

To this supreme force the Legislature itself has committer 
the execution of the new laws. Without public approbatior 
neither the pecuniary means nor the moral power would 
found for the performance of the task. We shall be the ni< 
convinced of this truth when we remember that in Englani^ ^^^ 
education has been the ofi'8j)ring, not of a paternal govemnient:^' •* 
but of political freedom. In some countries education seems. ^^^ 
to have been the parent of liberty ; but in ours liberty 



Address on Education. 



77 



Ben the parent of education. We had mngnificent univer- 
ltie«, the elder of which dated from our great Alfred ; and 
rcry aaccesaive reign witnesBed ihe endowment of valuable 
runmar achoola by public and private beiietactors; but, not- 
klhstanding the proud results of these Goats of learning, in a 
Be of statesmen, philosophera, poets, and divines which the 
Ofid has rarely equalled, nothin;; that deserved to be called 
Mpukr or national education existed in this country, till it 
Viginated, n self-sown institution, at the commencement of 
"e present century. It had then to encounler the nipping 
wta of prejudice, which could not comprehenJ the right of 
Oie labouring millions to the cultivation of their underdtand- 
KjDgs, or the true wisdom of basing the social fabric on sound and 
l»ueral instruction. The first Attempts to give to popular educa- 
n the sanction and help of Government were as timid as they 
re late. When they became bolder they met witli opposi- 
n from various quarters and on various grounds, not merely 
n the opponents, but from the zealous friends of education. 
jpily in these later days the common sense of the working 
sesled them to appreciate the advantages of education, and 
Is claim them as a right. And when Parliament accidentally 
.tumbled into the almost desperate measure of household 
jnffrage, the first use which the householders made of their 
^Srage was to demand that the entire nation should be 
idaeated. Under the new political circumstances, universal 
iducalion for the first time became possible, just, and neces- 
Tj ; and many earnest friends, both of education and ea- 
inchisement, who had trembled at the enfranchising of a 
comparatively uneducated people, learned to rejoice at the 
mpUehmcnt of both those great resultSi though by means 
Kid in an order which they had not foreseen. 
It has been the pniclice of many, who saw truly the inade- 
oncy of the voluntary system to give a complete education to 
le people, to cipeak of it as an entire failure. But thisjudg- 
knent would neither be correct as to the past, nor safe for the 
ftiture. In the past we owe more to voluntary zeal than to 
Government action. It was that zeal which overcame the pre- 
judices of the higher classes and the contented ignorance of the 
I lower. Nor was it slow in putting forth its powers. That at 
It must he the hnpresfiion of your Chairman, who has himself 
.neesed the origin of nearly every agency for popular educa- 
a hi the kingdom, with all the cheap and valuable literature 
U baa sprung up by their side. If these things have come 
Diler the personal observation of one man, and if the result of 
k whole has been to raise theproportlonof scholars within fifty 
re from one in seventeen of the population, to about one in 



78 Addreii tm EiM/oaiiitm. 

eev^n^ they deserve to be recorded in our eduoalional liistor) 
and put to the credit of the public spirit and educational zadc 
Englishmen. Especially is it desirable not to disparage Tolan 
tary efforts on behalf of education, when a very large propw 
tion of the schools for the working classes still depend m i 
great degree on those efforts both for their support and 
manaffementy and are likely so to continue. In the year 18?C 
the children present at examination, in schools receiving 
annual grants and under inspection, in England and Wilei, 
numbered l,S5l,806 ; and it was estimated by Mr. Forsttfi 
in his speech on the education estimates, that the number of 
scholars in those schools would, during the year 187 1 ^ increiN 
by 300,000, which would make an estimated total in Gbven- 
ment inspected schools actually present at examination during 
this year of 1,850,000 scholars. 

The Elementary Education Act of 1870 was a measnrs 
involving the most important consequences to the social and 
political condition of England. Those consequences will re* 
quire much time to develop, and it may be that the law will 
undergo modification. Its first exposition in the House of 
Commons was received with general favour, as evincing it 
once a strong grasp of principles and a shrewd estimate of the 
social circumstances to which they were to be applied. Dis- 
cussion revealed serious differences as to the principles and 
probable working of the Bill ; and Mr. Forster's firmness ud 
patient ingenuity were alike taxed severely to carry it throo^ 
the Lower House. It passed by very large majorities, out 
leaving a very considerable niunber of objectors in the countnr. 
The school board elections, which have taJcen place in bGurougha 
and districts comprising an aggregate population of 8,llt,971| 
out of a population of 20,000,000, according to the Census (rf 
1861, must be regarded as having given a powerful sanctioik 
to the new law, and created a machinery by which it will b< 
carried out. In most places earnest friends of popular educa 
tion have been chosen, including those who have had practice 
experience in the work, with many who are zealous for 
educational extension and improvement. As a rule, all pardtf 
and sects are fairly represented. 

It must not be concealed that at least one question of gretf 
difficulty remains, on which a difierence of opinion and C 
action has been shown by the school boards — on which the ver* 
meaning of the Elementary Education Act is disputed — ^anj 
on which the Committee of Council, after requesting some C 
the boards to reconsider their decision, have ultimately left tlu 
boards to interpret the Act for themselves, but pointed out i 
serious consequence that may result. The question refers \^ 



B>f Edward Balnea, M.P. 79 

payment by eohool boards of the school fees for the 

Iren of parents who are uaable to pay thcra in denomina- 

il Bchooi«. As the point will inevitably lend to much 

it may be right to give the wortla d the 25th 

which raaioly the ilisptite turns. They are aa 

Sec^oD 25. The suhool board may, if ihey think fit, for a renew- 
period not exceeding six months, pay Iho whole or any part of 
juhool fee's payable nt any public demcotary school by any cliild 
'mt in their district whose parent is in their opinion unable 
poverty to pay the Biune; bat no such payment shall be made 
fiued on condition of the child atiendiug any public elementary 
il other than such as may be selected by the parent ; and such 
lent ahtiX not be deemed ro bo parochial relief given to euch 
>t." 

ifo queetion arises as to the legality and propriety of 
litting the fees for these poor children in the rate ecnoota 
der the school boards. But the eerious ditference is as to 
legality and propriety of rej'm<m^ to pa^ the fees for these 
dren in the denominational schools. The Liverpool, 
itle, and Stockport School Boards have enacted bye-lawa 
ch allow them not only to remit the tees in the rate schools, 
t also to pay them in "any other school," including of course 
louiinatioaal schools; and the avowed intention is to give 
selection of the school to the parent. These bye-lawa 
re received tlie official sanction of Her Majesty in Council, 
1 have therefore the force of law- But the Portsmouth, 
ithampton, Wednesbury, and other school boards have 
m an opposite view of their duty, and have passed bye- 
i which would remit the fees for poor children in rate 
wis, but would not allow of paying the fees in denominn- 
lal or any other schools. When these bye-lawa were laid 
KM the Education Department, they were in some instances 
t back for reconsideration. In the ease of Wedneabnry, 
«h ia one of the latest, the correspondence has been pub- 
ad by the Dcjiartment. In this case the Department 
led that they were prepared to allow the bye-law, but 
tnated that " in the opinion of my LoivJs it would not be 
tto deprive a parent of liia right to choose the particular 
ilic elementary school to which he will send his child, 
lOse, while he is compelled by these bye-laws to send hia 
I to school, he is unable, from poverty, to pay hia school 
; but my Lords cannot doubt that the School Board will see 
i justice of making use of the power they possess under 
itioD 25 iu favour of any such parent." The AVeduesbury 



80 Address on Educatiofu 

School Board, however, in reply, declined to accept the re> 
commendation of the Department, assigning the following 
reasons : — *^ The form of the bye-law in question was not 
hastily settled. It was decided by a majority of the boarcl 
after local agitation, and after prolonged and anxious discos- 
sions. The majority of the Board appeared to consider that it 
would not be more unjust to require the few poor parenti 
interested to surrender their own preference for a particokr 
school, and send their children to efRcient schools established 
by the Board, than it would be to require ratepayers of ail 
classes to assist particular denominations in their educational 
arrangements by the payment of fees to sectarian schools.** 
The Department allowed the bye-law, but in rejoinder 
^^ thought it right to call the attention of the Board to the 
power given them, independently of any bye-law, by section 
25 of the Elementary Lducation Act, by which power they 
will be relieved from the necessity of enforcing penalties affoinsta 
parent who, though unable from povertv to pay a school fee. 
prefers that his child should attend a public elementary schod 
selected by himself." It is obvious that the question in dis- 
pute is felt to be one of serious magnitude, which will engage 
the attention not only of school boards, but of the public, the 
Government, and the Legislature. It is, whether payments 
out of rates shall be made to denominational schools. It is a 
question involving the rights of conscience, the power of com* 
pulsion in education, the efficacy of the late Act to its 
proposed end, and the working of the school boards. It 
appears likely to draw religious and political {Parties into a 
new and grave controversy. 

I believe I cannot, in consistency with my duty in this chair, 
avoid presenting the views by which the two sides support 
their respective positions. 

The great objection of the opponents of paying fees in 
denominational schools is, that it will work almost exclusively 
in favour of the schools belonging to the Established Church 
and the Koman Catholics, and therefore in a certain sense 
adversely to the cause of Nonconformity. The following 
paragraph from a paper recently addressed to Mr. Gladstone 
by the Central Nonconformist Committee of Birmingham 
thus states the case ; — 

''(3.) This large proportion of the rate will be devoted almost 
exclusively to Roman Catholic and Church of England schools, it 
being the intention of several Nonconformist communities to close 
their schools, or to offer them to the School Board, in order that, as 
far as their influence extends, the children of the poor may no longer 



»e tlieir elementary education under the inlliienco of particular 
ioua (lot) omi nation 9, but in schools founded and maintained by 
le TKtepayera in the borough. Tho intention of Nonconformists 
>stain from future denominational action in education is wit- 
id by tbe small number of new building grants .applied for by 
. Tfae re<stilt will therefore be, that in the course of a very few 
i Almost tbe only denominational schooU which will continue to 
will be connected either with the Church of England or Roman 
olio Church, and these will be supported by tho rates in direct 
ty with tho ratepayers' own schools." 

is added, aa an eatimate founded on the experience of the 
UDgbam Education Aid Society, that "probiibly 10,000 
ren in that borough will be able to claim from the Board 
education on the ground of poverty ; and if 8000 of these 
I received into denominational schools, the Board would be 
ired to pay in school fees nearly 4500^. per annum." The 
liogham paper adda that the deputation which waited upon 
Gladatone, together with " Nooconformists in every part 
*■? kingdom," entertain "a firm and ineradicable hostility 

ia new application of public money for purposes of 
bus teaching ; " that the measure is " creating bitter 
rian animosity ; " and that " the objections which were 
to the Church Kale are felt to the application of the 
;atioD Kate to the maintenance of denominational 
dU." In some other towns a refusal to pay the rate has 

threatened, and even ministers of religion have said they 
d go to prison rather than pay it. 

D these objections it ia replied, in behalf of paying the 
^Ist.) That the Elementary Education Act expressly 
ra School Boards to pay the fees for poor children iu any 
io elementary school, including the denominational schook; 
.) That the payment of fees for children unable to pay 
not intended ns a subsidy to any school, denominational 
Otherwise; but simply as a relief to the impoverished 
Dt, without any reference wliatcver to tbe kind of school 
might he selected : if benefit accrued to the school, it wa^ 
lental and not designed, and it was a benefit open alike to 
pis of every kind; (3rd.) That if it is objectionable to 
ribute thus incidentally to denominational schools from 
rates, it must be far more objectionable to contribute 
snaticaily to those schools from the general taxation of 
tountry j t'> which, however, the faith of the Grovernment 
Parliament is pledged, and which cannot be withdrawn 
Dat letting down alinoat all the existing elementary edu- 

L of the country ; (4th.) That the Act recognises the 



82 Addr€88 on Education* 

right of the parent to select the school for his child| And tli^ 
this is a riffht of conscience as clear as the riffht to anil 
himself of the conscience clause ; (5th.) That the doiiil d 
that right would be regarded as a violation of the reliikm 
liberty of the parent^ and would interpose a formioiUl 
obstacle in the waj of educating the whole neoplci eqpeeiiii] 
the poor and neglected children^ many of wnose parents MH 
Boman Catholics, who attach a special importance to relkidi 
education; (6th.) That nearly the same classes of chuoMl 
namely, the children of in-door and out-of-door paa{i6H 
whether Catholic or Protestant, are now, and have oeen h 
years, as a matter of acknowledged justice and neoessitj. pwi 
for out of the public rates in denominational schools, and tb 
there is not the least probability of Parliament taking awq 
that right ; (7th.) That the law, when it gives to the pam 
the right of selecting the school, obviously removes fnmi Ik 
school board all moralresponsibility for the choice ; (8th.) Tka 
the denominational schools^ moreover^ are no longer conneeti 
with the State as religious institutions ; they were so frai 
the year 1846 to the year 1870, during which period graal 
were made to no school but such as gave religious iiMtnio 
tion ; but at the latter date, with the consent of both partii 
in the State, that requirement was formally withdrawB 
and it is enacted, in section 07 of the Elementary Educfatitt 
Act, that in future ^^ such j^rant shall not be made in respao 
of any instruction in religious subjects," and that '^ such en 
ditions shall not require that the schools shall be in connectifli 
with a religious denomination; or that religious instmetb 
shall be given in the school ; " a conscience clause is ib 
required in every such school, enabling the parent to wiA 
draw his child from the religious instruction ; (9th.^ That th 
State now makes all its grants solelv in consiaeration « 
secular instruction, and as freely to schools which are piini| 
secular as to those which are religious ; the cost of the rsB 

fious teaching is more than covered by the voluntary oontri 
utions of the supporters of the schools; not one farthmff nMXi 
would be paid for any child in a denominational school tluB 
in an undenominational or purely secular school ; (10th.) Thii 
therefore, in the eye of the law the denominational schook av 
acknowledged as purely secular schools, for which the naftioi 
at large has no responsibility except as schools giving a ^ 
secular education, and that neither grants nor rates paid t 
them can be justly considered as an endowment of reli|pim 
(11th.) That there is no analogy between a church rateaa 
the education rate ; the object of the church rate having bet 
purely religious and for one sect alone, whereas the objeel < 



% Sdumd BaineSf M.P. 83 

ncfttioii rate is for all sects and schools alike, without 
ice to the religious teaching. 

I are the replies given in favour of the] payment of fees 
imtnational schooU ; and whilst I feel that the state of 
is not agreeable to Nonconfurmists, I confess my judg- 
igorda the replies as unanswerable, and approves of the 
18 of the first class of school boaids which have been 
icJ as more correct than those of the second. It la for 
len to consider whether the law can justly and wisely be 
id ; but I do not believe it is morally or jx>litically 
e (even if it be legal) to punish a ^kiof man for declining 
I hie child to a school oi which he consciendoufily dig- 
ee : and if it is not possible to punish, the power of 
[eery education is lost for that very class^of children foe 
it was thought most necessary. 

let I thus avow my honest judgment, I must remark 
le school boards, like every other institution in a free 
hold their power on the condition of its fair, just, 
partial exercise. It is possible to conceive of various 
of abusing their power, which would make them 
and destroy all hope of the peaceful working of the 
For example, if a school board should administer the 
& such a manner as purposely, and as their obvious 
, to fill the existing schools and strengthen particular 
Enations, it would be a real grievance to the ratepayers. 
lercised any influence whatever upon the poor parents, to 
them to prefer one school to nnotlier ; — it' for the sake of 
|)articuhu- schools, it should pay fees for children whose 
I could (afford to pay them ; — above all, if it endeavoured 
•ent the creation of a rate-school where, from the reli- 
T secular views of a considerable number of ratepayers, 
thools were required; — in any of these cases the conduct 
school board would be dishonourable, oppressive, and a 
each of trust, whilst a multiplicity of such cases would 
[er the continued existence of local and representative 
Binent. It ia true the ratepayers have the power of dis- 
tfae members at the nest election ; but in the mean- 
•cal and national resentments might be provoked, which 
lead to serious consequences. On the other hand, it 
be clearly wrong to squander public money in building 
I which would not be used, and which there is no rate- 
I element to manage. Such conduct would make the 
V odious in another direction. 

g now to invite the earnest attention of the Association 
practical means by which the education of the people 
~ ' ' what it should be. I would ask all men and 
6—8 



84 Address en Education. 

women who feel for the honour and interests of the oomd 
and who know how truly our interests are wrapt up in ea 
vating the faculties of the people^ and in expelling the ig 
ranee, intemperance, and vice bj which those faculties are 
often obscured, to give their cordial help in filling the \ 
with good schools. It would be the crown of Social Scie 
to create an intellectual and virtuous nation. It cannot 
done without more schools and higher teaching; and ih 
cannot be had without a liberal expenditure, and the perso 
efforts of the friends of knowledge and truth. At no ti 
have we been in so favourable a position for arraying the t 
strength of the countrv on this behalf. The people are s 
harnessed to the car oi progress. It is themselves and tl 
children who are to be benefited, and happily they know it 

Where school boards have been elected, it is obvious t 
with them will rest mainly the power and the responsibiliti 
working the new system. A mighty engine is put into ti 
hands, and almost everything depends upon the zeal, 
prudence, the skill, the perseverance, and the impartial 
with which they direct its operations. So numerous i 
important will be their duties, that to fulfil them well wiH 
a title to pubKc gratitude and honour. We cannot revi 
those indispensable duties without feeling that the soil 
boards will have a claim, in one respect on our envy, 
another on our commiseration, and in every respect on ( 
heartiest support. It is a matter of congratulation that ' 
Education Committee of the Privy Council, in their Rep 
for 1870-71, "express their satisfaction with the charactei 
the representative bodies who have been elected." 

I believe I cannot render a better service to the school hot 
throughout the country than by presenting to them the d( 
sions arrived at on all the great points of principle and pract 
by the School Board for London. That Board, as is kno^ 
comprises men of the greatest ability and experience in eda 
tion — eminent scholars and men of science, head-masters 
training and other colleges, authors of distinction, Meml 
of both Houses of Parliament, and — not of inferior imports: 
— ladies who have acquired a just reputation by asserting 
claim of women to their due share of all our educational adv 
tages. At the head of the Board is Lord Lawrence, wb 
statesman-like wisdom and energy raised him to the positioi 
Governor of the Punjab and Governor-General of In<Ua, i 
who was hardly more distinguished as] one of the savioun 
India during the great Mutiny, than by his constant atteni 
to the creation of schools for the natives. Not a few meml 
of the Board have spent their lives in the midst of the dc 



he 



ulation of the metropolia, where they Lave encouiitered 

^^ difficulty that can preseijl itself in our great towns 

le educatioDJgt and pliilaDthropist. They belong to al- 

every sect and section of thought ; and their characters 

Boeition have commanded the confidence of tlie first city 
e world. Such is the Board who have been sitting as a 
fd and in Committees, from January to September, ma- 
ly deliberating upon all the depaitmenta of their great 
It, and who have just condensed the results of their 
iberations into a Paper entitled — 



BEGtLATIOSS or THE SCHOOL BOABD OP 
UANAGF.HENT OP 

Z — General Iteyulations. 

1.1 Tnfaut flchooU shall be mixed. 

!.) Senior schools shall be 'neparste. 

I.) Largo schools shaL bo provided wherever it la practicable to 

!,) Aj a general rule, female teachers only slioll be employed in 
Bt and girls' schools. 

1.) The period during wliich the children are under actual in- 
Clion in school shall be five hours daily fur live days in tho 

i.) During the time of rehgious teaching or religious observance, 
cliililren withdrawn fiom such teaching or obaervauca shall 
ivo separate instruction iu secular subjects. 

\) Every occurrence of corporal puuishment shall be formally 
rinA in a book kept for the porposw. PupU teauliers are abso- 
|r prohibited from inflicling such punishmuut. Tlie bead Icachor 
be held directly responsible for every punishment of tliu kind. 
\ Muuc and drill shall be taught in eveiy school during part of 
ime devoted to actual instruction, 

] In all day schools provision shall be made fur giving efTect 
10 foUowing Kofiolution of Ibo Boitrd passed on the Stb March, 

rhat in the schools provided by the Board the Itible shall be 
: and there shall be given snch explanations and such instruction 
a in the principles of morality and religion, as are suited to 
opacity of children : provided always — 

1. That in such esplanatious and iuslructiou the provisions of 
tho Act in Sections VII. anU XIV. be strictly observed, 
both in letter and spirit, and that no attempt be made in 
any such schools to attach cliilUren to any particular de- 
nomination. 

2. That in regard of any particular school, the Board shall con- 
sider and deCermino upon any application by managers, 
parents, or ratepayers of the district, who may show special 



86 Address on EduoaHaiu 

cause for exception of the sehool from the qientm 
this Resolution, in whole or in part" 
(10.) In all schools provision may be made for giving elftet 
the following Resolution of the Board passed on Julj 26th9 1871 } 
^' 1. That in accordance with the general practice c^ exisdi 
elementary schools, provision may be made for offerii 
prayer and using hymns in schools provided by the Bot 
at the ' time or times' when, according to Section VI 
Sub-section IL, of the Elementary Education Act, 'Be 
gious observances' may be ' practised.' 
*' 2. That the arrangements for such 'Religious observances'] 
left to the discretion of the teacher and managers of eai 
Hchool, with the right of appeal to the Board by teache 
managers, parents, or ratepayers of the district : 
" Provided always — 
'' That in tho offering of any prayers, and in the use of ai 
hymns, tho provisions of the Act in Sections VIX u 
XIY. be strictly observed, both in letter and spirit, u 
that no attempt be made to attach children to any pa 
ticular denomination." 
(11.) All the children in any one infant, junior, or senior schoo 
shall pay the same weekly fees. 

(12.) The minimum weekly fee in infant, junior, and senior sebool 
shall bo one penny, and the maximum fee ninepence. 

(13.) Tho half-timers attending any school shall pay half lb 
weekly fees chargeable in that school, provided that such half-fees I) 
not less than one penny. 

(14.) The fees payable in evening schools shall be lefl to thedii 
cretion of the managers, subject to tJbe approval of the Board. 

(16.) If exceptional circumstances should appear to render tli 
establishment of a free school, in any locality, expedient, the fiel 
shall be brought before the Board, and its decision taken upon til 
special case. 

//. — Eegulations for Infant Schools. 

(16.) In infant schools instruction shall be given in the foUowiii 
subjects: — 

(a) The Bible, and tho principles of religion or morality, 

accordance with the terms of the resolution of the Bofl 

passed on tho 8th March, 1871. 
^b) Reading, writing, and arithmetic. 
S) Object-lessons of a simple character, with some such er* 

cise of the hands and eyes as is given in the *' Kinc 

Garten" system. 
(d) Music and Drill. 

///. — Regulations for Junior and Senior Schooh. 

(17.) In junior and senior schools certain kinds of instmeti* 
shall form an essential part of the teaching of every school; li 
others may or may not be added to them, at ^e discretion of t 



t. 



Bf) Edward Baims, M.P. 87 

nsgers of iudividual eohools, or by the special direction of lie 
iBtd. The instruction in Uiucretionary piubjeels aliall not interfere 
ith Ihfi efficiency of llie teaching of tlit^ essential subjects. 
{18.) The following subjects shall be essential : — 
(a) The Bible, and the principles of religion arnJ morality, in 
occordHnce with the terms of the resoiutiou of the Boaril 
pasBcd on the t)tb March, 1871. 
(A) Beading, wriring, and arithmetic; English grammar and 
compoaition, and the principles of book-keeping in senior 
echJoUi with mensuration in eeuior boys' schools. 
[<) Syslenialised object- lessons, orabracing in tlie six school 
years a course of elementury instruction in physical science, 
and serving as an inlroduction to the science examinations 
which sure conducted by the Science and Art Department, 
(rf) The History of England. 

(f) Elementary Geography. 
(/) Elementary Social Economy, 

(g) Elementary Drawing. 
(h) MuMC and Drill. 
(i) Iti girls' schools, plain needle-work and cutting-out. 

(19.) Tke following subjects shall be discretionary : — 
{a) Domestic Economy, (i) Algebra, (c) Geometry. 

{!0.) Subject to the approbation of the Board, any extra subjecU 
noogalsed by the New Code (1S71) shall be considered to be dis- 
jtttioaary subjects. 

If I do not mistake, the subjects here indicated to be taught 
io tke elementary schools of LddJoq are aa well selected and as 
tomprehensive as those of Germany, Switzerland^ or any other 
amDtry. I have before me the official "Plan of Teaching " 
Lehrplao) for the f rimary Schools of the Canton of Zurich, 
ad all the branches undertaken there are also contemplated 
I the plan of the London School Board. Indeed there are 
Iready schools in London and elsewhere — I need scarcely 
leniion that of Dean Dawes at King's Somborne — not infe- 
^^Tir 10 those of any country ; only they form the exception, 
hI not the rule ; and just complaints have been made in and 
It of Parliament, and specially from the Chair of this Section 
f the Social Science Association, and from its Council, that 
u method of " paying for results " by the Committee of 
!ouiicil on Education, though involving a valuable principle, 
ikI for some years a direct tendency to confine instruction to 
\i barest and moat unattractive elements, and thereby to 
Courage the study of those branches of knowledge which 
jnioken the faculties, enlarge the mind, and supply real 
ad iatellectual food. Of late the system has been hberal- 
led by grants for extra auhjects ; and though Sir John 
Xnbbock, Mr. Mimdella, Mr. Samuelson, Dr. Lyon Playfiur, 



88 Address on Eduoaiian. 

and others have ably pointed out still-existing deficiencifl 
Mr. Forster has shown an earnest determination to raise tb 
character of education in England as fast as it can be done. 

When lately going over the noble school-houses of Znriel 
I was told that they contained the children of the whol 
population. In Lucerne I was assured by a member^ of di 
Cantonal Council that there were not two families in tht 
town whose children did not attend the common schools. Ii 
the Engadine a schoolmaster^ when asked what was don 
to the parents who refused or neglected to send their childrei 
to school, seemed puzzled to conceive of the case, and « 
length said — " It does not occur." An English clergyman 
describing the schools of a manufacturing village in the Cantoi 
of Zurich, assured mc that political geography received verj 
great attention there, that the poorest boys of twelve years o 
age would show an acquaintance with the history and thx 
statesmen of England, and that the names of Palmerston aiM 
Gladstone were as well known there as among ourselves. 

I can confirm, from the most recent observation, the singalti 
perfection of the educational institutions of the Canton Zurich. 
The whole system is most scientifically and elaborately con« 
structed from beginning to end ; and it is as practical ia iti 
adaptation to all the wants of an industrial community asitii 
scientific in its plan. The schools are perfectly graded, from thi 
primary to the secondary, the gymnasia, and the Universitj. 
They have also supplementary or repetition schools, which tM 

Jrouth attend for one day or two half days in the week, aflei 
caving the elementary schools, from twelve to fifteen jein 
of age. They have every facility for obtaining technic^ in- 
struction suited to their respective trades and occupation! 
Their moral and religious instruction is carried on througli 
the entire school age, and is even prolonged to their seven* 
teenth vear. The teachers are liighly trained at speoii! 
seminaries for three or four years. Still, I repeat myconr 
viction that England is in the way to vie even with tb 
education of Switzerland, so far as the vast and dense popa< 
lation of our great towns can be brought within our scnooli 
and kept there for a sufficient length of time ; provided onl; 
the Government and people continue the efforts now makin 
for the extension and improvement of elementarv schools, i 
the systematising of our secondary schools, and for the esta^ 
lishment of a regular chain of education from the Infant Schc 
to the University. 

It will have been observed that the London School Bob 
provides, in the Infant Schools, ^^ Object-lessons of a simj 
character^ with some such exercise of the hands and eyes 



li<f Edward Buints, M.P. 89 

10 in tlig ' ICinder Crarten ' system ; " and io the Junior 

. Senior Schools " Systeraatiaed object-lessons, embracing 

Ike six school years a course of elementary instruction in 

rsionl science, and serving as an introduction to the science 

iminattons which are conducted by the Science and Art 

partraent.'' In regard to the humbler kind of " Objcct- 

K)ti8," may I take the opportunity to mection the simfile 

1 homely but very useful kiod of object lesanns which are 

very first taught in the Swiss Echoold. They go under 

name oi Deuk nnd Sprech-i^ningen, TIniA mid Speak Idei^ 

t : and they consist in learning and correctly naming the 

it familiar objects in the school room, about the children's 

ens, in the street, in the neighbourhood, including tlie 

m1 vith its furniture, articles of dress, domestic utensils, 

nals, buildings, gardens, fields, flowers, carriages, &c., with 

r respective propeitiea, uses, characters, form, and colour ; 

] extending the lesaona to the names of the surrounding 

ages, towns, rivers, lakes, woods, mountains, valleys, 

cches, public buildings, manufactories and workshops ; and 

" proceeding till it is found that the childreu have made an 

beginning in many kinds of knowledge which afterwards 

_ learn as sciences, under the heads of geography, zoology, 

luy, the uses of wood, stone, and metals, &c. By these 

reiaes two ends are answered, — first, the scholars Iciirn the 

tea and uses of the things which surround them, far more 

Eectly than they would pick them up in daily life and 

gar talk ; and next, they learn to name and describe the 

Kts accurately, and thus obtain the important faculty of 

resaioQ, which is too little cultivated amongst us. Further, 

ly observe that these exercises will often develop faculties 

in might remain wholly unknown if the children were 

ined to the dry and difficult ta^a of reading, writing, 

arithmetic; and that the facidtiea thus developed give 

nragemeut both to children aod teachers, and help in the 

isition of the harder aod technical elements of koowledge. 

le higher object-lessons of the London Board will corre- 

^d to the elementary instruction in art and science 

(iven In what is called the real or practical department 

if the Swiss and German schools. No one can doubt 

L| feasibility of our giving such instruction, who knows 

fct is already done in the King's Somborne School, 

■Birkbeck Schools, and many of our National, British, 

P private schools. It is not every child who has a 

Hlent for every subject ; and it would be unwise Io 

pieis all the children to persevere in studies for which they 

i|»vc dearly a strong distaste or incapacity ; but «ut of the 



1 



90 Address m Edueatiaiu 

Tarious branches of science, art, and letters^ the discernm 
schoolmaster will almost certainly discover those in whis 
nature has qualified each scholar to make progress, aa 
they may be those of which parents or teachers had foms 
no previous conception. Once discovered, the talent ma 
be specially cultivated. Mr. George MUller, the beneroki 
and able founder of the great Ashley Down Oiphanaga 
Bristol, maintains that nature has formed every child ft 
some distinct pursuit — to be a mechanic, a chemist, an ardi 
a shoemaker, a printer, and so forth; and he delays tl 
choice of occupations till the boys are nearly ready to be pi 
apprentice. In elementary schools there must be a foundatu 
of general knowledge ; and nearly all children are found to I 
capable of learning all the branches usually considered ii 
dispensable, if they begin early and are well taught Tk 
Germans have a saying that every child who can speak mi 
be taught to sing, and every child who can write ma 
be taueht to draw. The object of school, then, should I 
to teach the indispensable subjects to all, and to make a wit 
adaptation of the other subjects to the special talents of tl 
scholars. But there is no reason why in future our first mc 
of science, our first engineers, architects, artists, and nuun 
f acturers, should not have their peculiar gifts discovered, to 
the foundations of their technical training laid, even befoi 
they quit the elementary school. 

It is gratifying to Imow that a very rapid increase h 
taken place in the study of science and art, chiefly in tl 
elementary schools and smons the industrial classes, undi 
the superintendence and aid of the Science and Art Deptri 
ment at South Kensington. The first year in which aia wi 
given to popular Science Classes was 1860, when the nan 
ber of classes assisted was only 9 ; in 1865 the number ' 
classes had increased to 120, and in the present year to 94 
In 1860 the number of students was only 500; in 1865, 
was /^479 ; and in 1871 it had risen to 38,015. The numb 
of Schools of Art and students in art has also increased ve 
greatly. At present the niunber of Schools of Art is 11 
with 20,293 students ; but instruction in design is also giv 
by certificated teachers in 1359 elementary schools, conta 
ing 147,243 students: and the whole number of stnde 
taught drawing through the agency of the Department % 
last year 187,916. £i 1855, the number of students tl 
taught drawing was only 29,498 — showing an increase 
more than six-fold in fifteen years. 

Still, abundant evidence nas been laid before the pub! 
especially since the great Paris Exhibition of 1867, 



Bg Bdaard Bainu, M.P. Bl 

the higher and far more general traiuing in toch- 
knowledge of the artiBans of Germany and Switzer- 

, A letter from Dr. Lyon Playfair to Lord Taunton, 
lirman of the Schools' Inquiry Commiesion, first sounded 

alann ot advances on the part of our continental com- 
[tora much exceeding the advances in simitar branches 

adastiy at home. The letters of the Jurors at tho 

U)itioii confirmed the facts, and ascribed them to the 
erior scientilic and arlistic training of our rivals. We 
then the report of Mr. Samuelson, M.P., himself an 
I engineer, of his obeervations in a tour on the Con- 
st to inquii'G into the subject ; and Ihia was followed, on 

motion of llie same gentleman, by the appointment of a 
Kt Committee of the House of Commons to inquire into 

meaQB of technical instruction in England and abroad. 
Brything combined to show that our institutions for this 
tX end were insufficient in number and very inferior in 
■nisation. A Hoyal Commission on Scienti6c Instruction 
\ issued in 1870, to consider the wants of the country 
Iw thifi head, the existing institutions for supplying them, 

better organisation of those institutions, and the duty of 
Government with regard to this matter of national 
greet. AVe may look with much hope to the results of this 
BmissioQ, as it is composed of men possessing the highest 
lificaUouH for the duty, with the Duke of Devonshire 
the Chairman, and (I believe) Sir James Kay Shuttlc- 
th as the Vice- Chairman. 

shall be expected to notice the part which has been taken 
B the year 1824 to the present thne by the Mechanics' 
litutions, in supplementing the defective education of the 
■an and lower middle classes, and introducing them to the 
8y of practical science and art. The first of those institu- 
M was estabhahed by Dr. Birkbeck, when Professor in the 
Sersonian Institution of the Glasgow University, early in 
present century. But it had few imitators for-many years; 

the first Mechanics' Institution in England was estab- 
ed in London by Dr. Birkbeck (who had then removed to 
'metropolis), with the aid of Henry Brougham, and others, 
he year 1824 ; in which year I had the pleasure of hearing 
Doctor give a. scientific lecture, illustrated by experimenis, 
Bie ohl ohapel of Falcon Square, to exactly the same kind 
working-olass audience, and listeniug with the same fixed 
(rest, OS I this year heard Professor Huxley lecture to in 

Royal Sciiool of Mines, Jermyn Street, It chastises the 

[iiioe hopes we often form to remember that when I saw 
' f the working classes banging on the clear, attractive 



92 Address on Educatum. 

expositione of practical science by. Dr. Birkbeck, I believil 
that all our workshops might in a few years be filled wi& 
men delighted to understand the principles of their respecdfi 
occupations and to help in carrying them to the highest peBi 
fection. But, like many experimenters, I forgot to allow for 
the friction — I cannot help adding^ I forgot to allow for tbi 
drinhy which has blighted the blossom of every retoming 
spring. Still something, nay^ much, has been done by tb| 
Mechanics' Institutions, which in the manufacturing distrieb 
have met with munificent encouragement from many of ov 
enlightened manufacturers and professional men, and not Urn 
from noblemen and country gentlemen. The example ct 
London was very soon followed by all our principal townfc 
We have in Yorkshire a Union of Mechanics' Institutei^ 
formed thirty-four years since for mutual encouragement aal 
help ; and though it includes only a portion of the mstitutioii 
of a similar kind which have arisen for the same objects, yot 
will think its strength not contemptible, when I state that it ^ 
our last annual meeting at Keighley we were able to report ii 
the Union 114 Institutes, with an aggregate of 27,650 mefli> 
bers, having in their libraries more than 100,000 volunMi^ 
with about 300,000 issues yearly. If we remember that thi 
average stay of the members in the institutions probably doei 
not (at a guess) exceed three or four years, it will be sees 
that 27,650 members may be multiplied several times in esti- 
mating the impression produced by the institutions on thft 
intelligence and industry of one generation of men. I aa 
happy to say that our neighbours of Lancashire and Chediin 
run us a good race of competition, and in some respects ezod 
us ; especially in the admirably-organised classes of the mA 
tutions of East Lancashire^ to which Sir James K. Shuttle 
worth and his son have devoted their constructive and executiTi 
powers. Perhaps there is no Mechanics' Institution which hil 
not done something to increase the knowledge, form the retd* 
ing habits, and guard the morals of a considerable number d 
its members. In many towns and villages, these and institatiou 
of a similar kind furnish the only libraries, reading-rooms, nevi 
rooms, classes, and lectures for the working class, indeed for 
any class. The Leeds Mechanics' Institution has in its day 
and evening schools 1212 pupils, besides 2648 members m 
subscribers — making a total of 3860 persons deriving beneil 
from its schools, lectures, library, and reading-room. In tbs 
examinations of the Science Department its students obtained 
last year forty-one certificates, fifteen Queen's prizes, ninety* 
seven certificates, one silver medal, and one bronze medaL 
You will not be surprised when I add that this is the institutiqi!* 



5y Edward ffaines, M.P. 95 

ti lends na its beautiful hall for our meetings, and which 
Heads erected at a coat of 25.000/., liut tliis is only one 
I considerable number of flourishing institutions iu Leeds, 
Kng arts, Bcience, luid letters to an aggregate of some 
lands of young pereona. 

must add that in Leeds as its head-quarters b also the 
bhire Board of Education, which especially aids in con- 
ing oil the Examinations under the Department of Science 
[ Art, the Society of Arte, the Oxford and Cambridge 
Idle Class Examinations, and elementary examinations ; 
kh has taken a most prominent part, in conjunction with 
..f Yorkshire Union of Mechanics' Institutes, in establishing 
idence Classes; and which, under its President, Lord 
Frederick Cavendish, and its Secretary, Mr. IL H. tjalcs, 
Imow labouring to confer upon Yorkshire the great boon of o. 
D^e of Science. In Leeds, too, the ladies have put forth 
Hit efforts on behalf of Female Education, by engaging 
Jnent lecturers from the Universities to lecture to ladies 
'faistoricai and constitutional subjects, and the principal 
Uches of Natural Philosophy ; and by promoting attention 
jPemale Education, and the claims of the sex on a sliare of 
; educational endowments, throughout the country. Ladies 
B very active managers of the Yorkshire Education De- 
itory, now open at No. 11, St. Andrew's Chambers, Leeds, 
t of a valuable Students' Library ; both of which, I believe, 
original and unique institutions. 

lie facts I have adduced prove that a valuable amount of 

National agency has been gradually created by the en- 

tened liberality of our countrymen — valuable and con- 

lly extending, yet not enough. It has always been 

tioned as a chief hindrance to the higher success of these 

Stutions, that most of the young persons who enter them 

B received too defective an education to profit by scientifia 

■^ing; and I heartily rejoice to find that at Bradford so 

itly the Bishop of Exeter, Sir John S. Pakington, and 

Forater have all declared their belief that tlic better and 

general elementary education to which we may now look 

ird will not supersede these Institutions, but, on the 

ary, will supply them with a larger number of students, 

better qualified to profit by their instructions. It will 

ify many a hearty Voluntary to see them still flourishing 

their old roots, whilst gratefully accepting the aid of 

"ial examiners, and of grants which the whole country ia 

ir to make for a great national ol ject. 

must not close without referring to the importance of 

ig our schools with the best school furniture and school 



94 Address an Hducatimu 

apparatus. In a late speech in the House of Commc 

Mundella mentioned the very superior furniture which 

last year in the schools of the United States; and 

referred to the beautiful model of a Swedidi elei 

school set up in the International Exhibition which 1 

closed in London, and in which seats and desks on tl 

principle were shown. I hope all my hearers may ha 

that model. It was my good fortune to meet in the ! 

tion Prince Oscar of Sweden, heir presumptive of the 

and the able and enlightened promoter of education, ii 

art, and all that can adorn his country ; and being int 

as a friend of education, he took me to see the Model 

and explained it as fully as a schoolmaster could ha^ 

He especially commended the seats and desks, the fo 

which have comfortable backs, and are made to rise a 

and to move nearer or further from the desk, in ordex 

children of different sizes. In his opinion it is a great 

tage to have seats in which the children are com! 

supported, as many children become fatigued, and mf 

contract curvature of the spine, from sitting the whole 

seats without backs; ana the mind can scarcely re 

vigour if the body is suffering. He also thought it 

advantage that there should be a space betwixt the e 

as to prevent the children from copying from one < 

and the mischievous from playing and interrupting th 

ous. Nothing can exceed the adaptation of the sei 

desks to their purpose. The Prince with no smal 

showed the copy-booKs, in which the character was bea 

clear and neat, the writing accurate, and not only in S 

but in Latin, German, French, and English, all oi 

languages are taught in the schools. He showed me 

skeleton map of Sweden, on a black board, and with th 

of the places printed on little moveable blocks, and am 

the sides, — it being the duty of the scholar to pick th 

and to fix them on brass pins inserted at the several lo 

The plan is good, but perhaps not better than the t 

maps of our English schools, in which the learner h 

the places with a pointer, or names them when points 

the teacher. There were black boards markea for 

notation, instruments for teaching perspective and aril 

and numerous diagrams, coloured and plain, for astronc 

the mechanical sciences, for the art of design, for 

zoolofipy, and other branches of natural history ; with 

abundance ; all beautifully executed. The appearane 

whole was highly attractive; and the child must 

dull eye who womd not find there material for intei 



Sy Edward Bai/ief, M.P. 95 

yment. Then the school books were of remarkable num- 
and excellence, beginning with the Bible, hymn-book, 
liUtber'a catechism, and followed by numerous historiea, 
Jma of arithmetic, geometry, matbematica, geography, 
lical science and natural history, bookkeeping, drawing, 
Danship, music, gymnastics, gardening, nnd pedagogics, 
J Latin, Greek, and modem languages. Nor must I for- 
the apparatus for gymnastics and 'drill, which also abound 
^e Swiss and German schools, I never saw so rich and 
d an amount of educational appliances of every kind. I 
\ the Prince a most interesting instructor, and could not 
tiently admire his perfect courtesy, or the goodness which 
id his companions at their case and on a level with him- 
, If I do not mistake, he will prove a benevolent and 

Bhtened ruler, 
n this head I only add that South Kensington made 
irce and admirable display of school apparatus at the 
lioition, and that we scarcely fall short of any country 
this respect. But I fear not one school master or man- 
r In fifty throughout the country is acquainted with these 
ntiful articles, or is authorised to purchase them : though 
r are not costly, and they would immensely facilitate the 
:tical work of education both to the teacher and the chil- 
li. Every Bchoolboard should pay a visit to the South Ken- 
Ston Museum, and ask to be Bnown the school apparatus. 
any other topics invite remark, especially girls' schoola — 
ct or indirect compulsion — the great value of drill and 
inastic exercises — ttie extent to which it is desirablo to 
)Ioy female teachers — the half-time system — the teaching 
tlie Metric system, which would save more than half the 

devoted to the learning of arithmetic (and which I should 

to compel every member of the House of Commons to 
tnd) — the operations of the Endowed Schools Commissioners 
reforming and systematising our secondary scliools — and 
ir points noticed in the reports of Ihc School Inspectors. 

I nope all these topics will be treated in the Sections. 

have now only to offer an apology for the length of tliis ad- 
le, which was the lees excusable after the full and able treat- 
it of the education topic in the opening address of my right 
loarable fciend, our distinguished President, who has for 
nany years been the earnest advocate of national education, 
I with a remarkable superiority to the prejudices of party 
I ti\ local influences. To men like Sir John Pakington the 
iceot position of the question is greatly owing ; and I am 
[nid to see bim presiding over the Social Science Association 
my naUve town. 



96 



Si^tes 



BT 

GEORGE GODWIN, F.RS., 

OK 

PUBLIC HEALTH. 



Fis tolerably well known that one department of the Sodal 
Science Association devotes itself to the consideration of 
questions relating to Public Healthy discusses improyementt 
in house-construction^ drainage, and ventilation; means of 
recreation and amusement ; the influence of external circanh 
stances generally on health, and the legislative machinery 
necessary to effect desired ends in that direction. Galled to 
the position of President of this department, it becomes m 
duty to address the Association ; and I assure ^ou I appoia 
that duty with a full sense of the responsibility attaching to 
the position, and a vivid recollection of the admirable maimer ■ 
in wnich its obligations have been discharged by the able mea 
who have preceded me ; including, to speak only of recent 
times, Mr. Edwin Chadwick, Dr. Farr, Dr. Bumsey, Db 
Lankester, the late Dr. Symonds, of Bristol, and Mr. xtobert 
Rawlinson. Their labours, I do not hesitate to say, htM 
materially assisted in bringing about an improved state of 
public opinion, and obtaining important enactments. 

The proceedings of the Association on some previous ocoa* 
sions have been treated as futile in journals of influence. It 
ought to be unnecessary now to combat on such croundL The 
earnest discussion of the wrongs, miseries, evils, and wants 
that afilict society, by men and women who have given Ufei 
of thought to the various subjects involved, cannot iaH, and 
has not failed, to lead to good. It takes a long time to makQ 
the world listen, but it hears at last if the effort be not 
relaxed. If we look back over the fifteen vears during which 
the Association has laboured, and note what has been done 
during that time in this special department alone, that of 
Health, we shall feel satisfied that its labours have not been 



By Oeor^e Oodmrif F.R.S. 91 

nadt however depressed wc tuny be by the slonrness 
93, and the enormous amount o£ work yet to be done, 
iew8 and hopes for the future cleared and Htrength- 

eat object of our meetings and discueaions is, by the 
□ of faots'and the collision of reasonings, to take a 
the moat important subjects alfectln<r the welfare and 

not of this town alone, not of England, but of the 
Man race, out of the domain of Opinion into that of 
ge. Opinion means ignorance moro or leas. I may 
pinion " it >vill rain to-day, but I " know " two and 
e four. Gradually, but surely, this progress from 
) knowledge has been gomg on in Sanitary matters. 
' years ago there were numbers of educated and influ- 
iple who were of opinion that there was no connexion 
between bad sanitary arrangements and ill-health. At 
at time we may, perhaps, go so far as to say that all 
>r6 or less fully, that this connexion does exist. A 
St of questions, however, remain, correctly or inoor- 
itters of opinion, and it is with a view to their speedy 
From debatable ground, so that effective action may 
e taken, that this Association holds ita meetings, and 
the results of its deliberations. Thus: we have 

discuss as to the necessity of promptly getting rid 
rage of towns, but the best mode of disposing of it is 

some a matter of opinion. This part of the inquiry, 

is gradually narrowing, and it may be hoped that the 
iga at this Congress will tend to bring abont the right 
n. In common with a large majority of those who 
»tigated the subject, I feel perfectly assured myself 
irrigation of land is the right use, except in some spe- 
, to which to apply it. Evidence that it may be thus 
fith pecuniary advantage, and without injury to the 
[ the neighbourhood, is accumulating day by day. 
lorts of the Sewage of Towns Commissioners, the 
Pollution Commissioners, and the Committee ap- 
jy the British Association, all strengthen this view : 
Dgat other indications, at a recent meeting of Mem- 
be Essex Chamber of Agriculture, it was resolved, 
lecting the sewage form at Romford — 

in view of tlie large nrnouot of foreign wheat pwd Tor 
r by the population of this country, and the large amoUTit 
B wasted ta polluting rivers with town sewage, it is desir- 

aoch pollution should now be prohibited by legislacive 

Elhe forty-five sauitary Acta in existence should 
^eoernl and comprehensive law enacted." 



98 Address an Health. 

It hoa been calculated bj more than one competent aatiM 
ity that the amount wo shall have to pay for foreign whe 
this year will bo above 30 millions sterling, a circumBUa 
worth this passing allusion as showing the largeness of tl 
interest involved in our inquiries. 

Events are tending, it may be hoped, towards the dfisiii 
unification of existing Acts referred to in the resolution quote 
The new Local Government Boards of which the liight Ho 
James Stansfeld, M.P,, is president, has taken the place oft 
Poor Law Board, with wider powers specially embracing t 
Statutes having reference to the sanitary arrangements 
parishes, such as those relating to sewers, nuisances, labour 
workshops and factories, baths and wash-houses, comm 
lodging-houses, adulteration of food, and smoke nuisane* 
The supervision of these matters will be transferred from t 
Local Government Act Office and the medical department 
the Privy Council to the new Board, and thus the govemnic 
of matters relating to each other, and hitherto performed ' 
three separate departments, >vill be united in one body. 

A new Public Health and Local Government Bill is 
the hands of tiir Charles Adderlcy, and when modified s 
added to will probably bccomo law. This proposes to rep 
twenty Acts of Pai'Uameut, from the Public Health A 
1848, to the Sanitary Act Amendment Act, 1870, the m 
Act codifying these repealed Acts, for England and Wa! 
{exclusive of the metropolis). The several officers and dci 
are placed under the authority of the new president, a 
will have to be amenable to him. Next Session of Parii 
ment ought to determine the mode of preventing river poll 
tion, and the metropolitan water suppiv; but this latt 
may probably be deferred until the local government of i 
metropolis is settled. It is to be hoped that by the new i 
that is to come the Medical Officer of Health will be ma 
independent of local boards and of private practice, so that 
fear of damaging or offending his patients and his masti 
may tend to prevent the proper and complete discharge of I 
duty at all times. It has been {)ointed out more than on 
and may be usefully reiterated, that unless the Medical Offic 
of Health be precluded from private practice he cannot ho 
to secure the co-operation of members of the same profesiic 
to whom he must look for information of outbreaks of disctt 
and who would seldom be disposed to introduce anotb 
medical practitioner to their patients with the fear of 1 
rivalry before them. The Act should also enforce in cvoi 
district the appointment of a public analyst who might ( 
much towards the prevention of the adulteration of foody tl 



By Gemvfi Godam, F.R.S. 

ut a lurgG amount of ill-liciilth a.nd loss. Lead-poUuiied 
' is another producer of illness, wliicii such an officer 
i be able to detect. 
. must add, with reference to the coiitemplated new Act, 
t a UejKirt has just now been issued by a Joint Commilteo 
British Medical Aasociatiou and the Social Science 
Atioa on tlie Beport of the Itoyal Sanitary Comuiisaiun. 
I Joint Committee was presided over by our eminent aaso- 
e. Dr. Rumaey, and its report includes variouu eu^getitiona 
ohjerrations that call for the serious consideration of those 
I are engaged in the preparation of the PubUc Health Bill, 
'he Metropolis Water Act passed at the close of the last 
Don of Parliament has good intentions, but bow far these 
be carried out remains to be seen. After the expiration 
' c tnonths from the passing of the Act, the local metro- 
M authority shall, whenever they are of opinion that 
! should, in any district, be a constant supply, make 
lication to the water company requiring compliance with 
tenns of Uie Act. There is a riglit of appeal to the Board 
Trade upon tlie application beln<r made to a company 
"iring them to furnish a. constant sup[ily. The Board of 
e may order a constant supply to be given if after inquiry 
inftroj[)alitan authorities refuse to act, or unreasonably 
ty acting, or if, by reason of the insufficiency of the 
tine supply of water in such district, or the unwholesome- 
t of such water in consequence of its being improperly 
ed, the health of the inhabitants is or is likely to be 
iudicially atl'ccted. Before a company is compelled to 
J out the Act, however, various regulations have to be 
srvcd, and the companies seem to have the power, if so 
ded, to delay the desired boon by objections which will 
e to be removed. Let us hope that the duty imposed 
them will be loyally discharged. Of the desirability 
i constant supply I have not the remotest doubt. Some 
culties will probably be met with in the first instance, 
these may he speedily overcome. One provision of llio 
must he hailed with unmixed gatisfactiun : the requirc- 
it by clause 6, that every company shall immediately 
ply ou Sundai/s, as on other days, sufficient pure and 
tleaome water for the domestic use of the inhabitants 
iiin their limits. The amount of discomfort endured, and 
nril produced through the non-supply of water on Sundays, 
the courts and alums of London and elsewhere could 
ccly be exaggerated, i have in my time visited some 
UMuds of houses, the inhabitants of which were uniformly 
'■ a drop of water between Saturday and Monday. 
7—2 



160 Address on HealtL 

The story of their misery had to be told for years, with botb 
pen and pencil, before the remedy came. The present hi 
after all can only be regarded as provisional. The greil 
question^ how best to secure an ample supply of soft, put 
water to London, will have to be looked fairly in the £Me 
before long and grappled with, let the cost of carrying out 
the decision be what it may. It is simply a question q{ 
time, and the shorter the time the better it will be for tin 
health, the comfort, and, in the long run, the pockets of 
the inhabitants. 

The importance of the subject we are considering-^h 
public health — is so great, it lies so entirely at the root of aD 
national progress, that it is impossible to speak too strongfy 
upon it. At the present moment, moreover, it is invested 
with unusually pressing interest. After a terrible visitation 
which has desolated homes tliroughout the country, a visttt* 
tion which, all evidence shows, was the result of ignorance, 
carelessness, and wilful avoidance of a known means of pr^ 
vention, or, at any rate, of amelioration, we note at no grett 
distance from our shores the presence of a much dreaded 
disease, and I should be neglecting a duty if I allowed thk 
opportunity to pass without inviting all who have power to 
aid in making such preparations as experience shows are 
calculated, under Providence, to mitigate its severity shonU 
It reach us. Should we happily escape its visit we shall still 
derive advantage from the steps taken. When there ie no 
immediate prospect of danger the cost of precautions is be- 
grudged. A large class of persons would sooner run the 
chance of death than incur the certainty of having to pay a 
pound. We are all of U8 gamblers, more or less, and like to 
take our chance. 

The most vigorous and intelligent action is required on the 
pai*t of our health authorities, and their hands should be 
strengthened by ))ublic expressions and outside aid. I am 
anxious not to be thought an alarmist. There is no occasion 
whatever for alarm, it is, indeed, to be strongly deprecated. 
But it would be suicidal to think, ostrich like, that if we shut 
our eyes no one will see us, that if we say nothing aboat a 
possible danger ourselves nothing will be heard of it The 
way to defeat it is to meet it well prepared. " It is now 
known" (says the Registrar- General, in a recent report)/ 
" that where a place is clean, where the waters are pure, 
where the people are not crowded, where good administrative 
arrangements are made for the early treatment of attacks in 

I , ^^^,— ^^^^ 

* Auijust 1«71. 



By Geoi-ffe Godwin, F.If.S. 

first stage of diarrhoea, the epidemic is disarmed of ueatlr 
its terrors. But aa English towos are atill dirty, are dottetl 
' with ceeepools or fouled by bad draias, and the waters • 
! of wells and of rivers, from which towns draw their 
ilics, are soiled to aome extent by sewage, we can at" 
ent expect no absolute immunity. Conunisaions and 
mittees have left our water supply much as it was ; the 
I waters of the rivers are not purified by Clark's proce&s, _ 
are the pure, unpolluted streams brought incontaminate 
to the cities in the plains. Still, much may be done, if 
_._a pursue its customary course, by commencing at once 
oaeful works of purilioatiun, so as to mitigate its virulence. " 
1 this is what all, in their several spheres, should aid in 

Ehe Medical Officer of the Privy Counci],^Mr. Simon, in 
instructions on the subject, recently issued, wide attention 
trhich would prove of great value, has dwelt so strongly on 
part played by polluted water in propagating the disease 
to have led to the expression of fear by an esteemed tnem- 
' of the Association, that the public may bo induced in 
Hiding to this to neglect other important inquiries. Mr. 
Ion says — 

'The Jangers which have to be guarded against as favouring the 
uA of cholera- con tagium are particularly two. First, and above 
there is the danger of water supplies which are iu any (even the 
btcst) degree tainted by bousereiuse or other like kinds of filth ; 
fhere there is outflow, leakage, or filtrulion, from eevvors, hou^e- 
bs, cesspools, foul ditches, or the like, into etreams, spriDgs, 
li, or reservoirs from which the supply of water is drawn, or into 
■oil in which the wells are situate ; a daoger which may exist 
■ smsU scale (but, perhaps, often repeated in Uie same district) at 
pump or dip-well of n privnte house, or on a large and even vast 
A hi the source of supply of public water-works. And secondly, 
re is the danger of breatliing air which is foul with effluvia from 
same sons of impurity." 

[Tithout here discussing whether the objection taken to the 
^cal officer's expressions be sound or not, the evils resulting 
n the use of water containing ordinary fcecal impurities are 
1 known. Outbreaks of typhoid fever have been traced 
in and again to this cause. In many cottages in low lying 
A, by the side of streamlets which receive the ovei-flow of 
isft-onuDage and other refuse, it is never absent, and crip- 
t the working power of the country to a much greater 
lent than might be supposed. The serious outbreak of 
phoid fever at Tcrling, in Essex, where, between December 



102 Address on Health 

4th9 18675 and January 13th, 1868, 208 persons, c 
popnlation of 900, were attacked, was shown to be oo 
with the pollution, bj sewage, of wells from which th 
ing water was obtained ; * and many other similar casi 
be adduced, some of which were made public by mys 
time when the evil was scarcely recognised A ] 
rector has quite recently shown how within eight d 
August, the father of a family, a labouring man, and 
his children died and were buried, the cause being, 
writer believes, ** filth percolating into the well water, 
rector adds : — " I can point to four parsonage houses 
me here where deaths have occurred entirely from tli 
cause." I have no hesitation in saying with him that t 
evil exists in thousands of houses where nothing of the 
suspected until some severe illness breaks out and ca: 
its victims — sometimes not even then. The Medical 
of Health for Islington, in his last Beport, gives the 
lars of a local outbreak of fever, which serve to sh 
small a quantity of water so polluted will do mischi 
traced the cause of the outbreak, with much care, to 
which leaked into an underground tank, whence milk 
dairy was adulterated with water. The dairymaste 
the officer of health by giving him a list of his custom 
it was found not only that the fever was restricted t< 
supplied by this dairy, but to individuals in these hou 
used that milk, while others who used a richer milk f 
same dairy, not diluted with water from the tank in q 
were not attacked by the typhoid fever. 

London must not comfort itself with the notion, foui 
the amount of the recent expenditure on the main di 
that all its cesspools have vanished, and that its sew 
now good and in a proper state. Many of them a 
dreadful condition, and thousands of old cesspools yet 
As a rule, wells sunk into town subsoils furnish contai 
water, and should be avoided. 

The fine town in which the Association is now ass 
suffers greatly from the existence of middens and othi 
gerous accumulators of refuse. I have on more occasioi 
one examined Leeds, and have noted these with soi 
scores of cases. The condition of the river Aire is v 
satisfactory, nor is this to be wondered at by those wh< 
the amount of filth daily thrown into it. Its foul c( 
is a heavy tax on the cloth makers, dyers, and other 
facturers of the town. What is the amount of the tax 

• The Builder^ voL xxvi. p. 105. 



lie health and strength, perhapa life, of the place, I will not 
) inquire. It ia nude rat ootl thnt the question hoiv best to 
Ize the sewage o( Leeds has long been under discussion by 
Corporation. Let me express an earnest hope that a wise 
BrnunntioQ will sooa be arrived at and acted on, and tliat 
abolition of deadly cesspools and middeoa will bo effected. 
i lesser evil here, but one that nevertheless touches the 
llth and pocket, is very distressingly observable to strangers. 
tan the enormous amount of unconsumed smoke allowed to 
pe into the 'air, and disfigure and damage the town. The 
Barance of many of the fine buildings, which would other- 
! adorn the streets, is miserably changed by it, and the 
!t produced by the general gloom resulting upon the 
H», and consequently the health of the inhabitants, must be 
gderable. It ia a niii^fortune, I am satisfied, and not an 
utage, that tbe recent Local Act for the borough contains 
exemption as to the consumption of smoke in favour of ceiv 
1 trades carried on hero. The Koyal Sanitary Commission, 
their Second Report, when deprecating this exemption, 
ikof the manifest injustice thus done to similar works in 
Adjoining districts, competing in the same market as Leeds, 
br the more rigorous enactments of the public general 
tutes. The evil wrought by it in the town will be a 
nger argument here, and ought to ensure its early abro- 
bn. 

''ery large sums have been spent in Leeds on sanitary works, 
the great credit of tlie town, but so much yet remains to 
(tone that the death-rate is painfully high. Tlie use of 
tr dwellings, of bnck-to-back houses, and the incomplote- 
I rif the sewerage already alluded to are amongst the most 
tninent evils calling for remedy. 

Bie death-rate in the Midsummer quarter this year was 
I in the 1000, very much higher than it should have been, 
I yet we are forced to recollect that in parts of the town 
rate was probably double that amount, which means that 
Uaods bi persons died simply because they were placed 
IT more disorderly circumstances than their neighbours ; 
this goes on year after year, surely a frightful reflection, 
r well to remember that lessening the death-rate in Leeds, 
lOnly 2 per thousand, means savmg S20 lives annually, 
liaappointment is sometimes felt that after considerable 
eaditure in a district the death-rate is not reduced to the 
Bot expected. Careful inquiry would generally serve to 
w that the improvement made has been only partial. If 
water supply has been attended to the drainage has been 
[lected, or iJE deficiencies in thia respect have been remedied, 



104 Address en Health. 

the sewers are unventilated, or overcrowding, a deadly evil, 
has been permitted to an extent that counterbalanced the 
ffood effects otherwise produced. We may rest assnxed, 
however, that every improvement of this kind made doa 
affect health, morality, happiness, and life, and so be eDi 
couraged to fight v^orously in aid of them. The stoiT 
from Calcutta that, in consequence of the effect prodnod 
upon the health of the town, by recent improvements ia 
drainage and water supply, the undertakers were applyiag 
for compensation for loss of business, if not true, serves to 
show, wnat, in public opinion, the result of the works Im 
been. 

Many of the subjects relating to public health and sodd 
progress still offer problems for solution of extreme difficnlfy, 
and much good remains undone for want of its being knowi 
how best to do it. In confirmation of this, and for other 
reasons, I am tempted to mention that I have for some time 
been authorised bv an inhabitant of London to state that be 
is willing and ready to appropriate to the improvement of tite 
health and condition of the poorer classes of the metropolis i 
sum equal to that given by the late George Peabody for i 
similar purpose— or say half a million of money — when he ott 
see a mode of satisfactorily effecting this without the fear of 
pauperising the classes he seeks to benefit. Means were taken 
to make tnis offer known to a limited extent, and a lam 
number of suggestions have been sent to the proposer, bat Ee 
is not yet satisfied as to the course that can wisely be takea. 
We must congratulate the individual on holding in his hand the 

Eower to achieve a glorious end, and I would add a hope that 
e may speedily come to a wise determination. A noole ex- 
ample of what may be done by an employer to improve the 
condition of those engaged for him, is to be found in this dis- 
trict — I mean, of course, Saltair, where intelligence and £ff- 
sighted benevolence have provided healthful homes, educatioa 
for the children, innocent enjoyments, and means of cultnia 
The time is coming when the history of the results of thst 
establishment, in a sanitary and social point of view, should be 
written with a view to the guidance of others. 

We lose, on moderate computation, a hundred thousand lives 
annually by preventible diseases, and millions of money in 
consequence of these deaths, and of premature disabili^ in 
cases where death does not ensue. A million paupers receive 
relief weekly in England and Wales. With complete study 
of the laws of health, preventive medicine, and improved 
sanitary arrangements throughout the kingdom, the number d 
this melancholy army would soon be materially lessened. I 



B spoken of disability where death does not ensue. With 
irence to thia let me say, we want registration of it. The 
Utration of deaths which is now enforced is of the greatest 
ae, but we need beyond that the registration of sickness, 
ich would show the magnitude, not only of the grief sad 
Rrty to individuuls caused by disease, but of the money- 
I to the public. The ^leeirability of this is fully recognised 
the Royal Sanitary Commission, ao that we may hope for 
* * Q to enforce it before long. 
3ie connection between bad sanitary arraneementa and ill- 
3th is now largely admitted, as I have said, out not fully, or 
should surely not find, in unnumbered places, accumulations 
Slth, vitiating the air, large populations drinking polluted 
BT, and debilitated by unhealthy dwellings, and preventible 
ases annually oarryini; off their thousands, pauperising the 
■lies left behind, and injuring the whole community from 
highest to the lowest. What is wanted is, after all, simple. 
I want clean air, clean water, clean food — purity, in fact, 
we strive for purity in life, moral purity, so let us strive to 
UD for society the advantages of physical purity. " Unto 
pure all things are pure," says St. Paul (Titua i. IS), 
kh may be true in conduct, but at present tlie belief may 
be safely acted on with reference to the lur we breathe, 
water we drink, or the food we eat. Moreover, how ia it 
nble for moral purity to be retained in such dens as those 
rhich multitudes of our feilow-creaturea pass their lives? 
) assertion, as the homo so the people, denounced as almost 
nous when Jirst written, has conio to be pretty generally 
Bpted ; but the homes in thousands of cases remain in the 
t wretched condition, and the natural results continue to 
Mr. 

!he injury done to our agricultural population by the want 
proper dwellings can scarcely be overstated ; in fact, the 
lie condition oi this part of the people ie a disgrace to tho 
. I must restrict myself, however, to the question of 
lih. I have visited hundreds of cottages with rooms 
cely tlie height of a man, damp, cold, undraincd, and over- 
fded, with heaps of decomposing matter around, and 
re, iu short, everything was being done to counterbalance 
advantage ofTered by nature of a plentiful supply of pure 
In parts of the country, where Portland cement and gravel, 
Len stone, or burnt clay arc readily obtainable, a consider- 
saving in the cost of building may be effected by the use of 
;rete walls. It is absolutely necessary, however, that the 
icrete should be properly made and rightly applied ; when 
is tlie case it is an excellent and enduring material; if 



106 Address on Health 

otherwise, it is worthless rubbish. It may be mentionedy as it 
will give confidence to those disposed to employ it, that the 
Metropolitan Board of Works now allow the use of it witUt 
their boundaries, and that the Inclosure and Tithe Commii- 
sioners permit money lent by them for the improvement of 
estates, to be expended in the erection of concrete bnildingi. 
In both cases, however, the work is required to be done now 
stringent regulations. It is to be regretted that the number of 
builders who have applied themselves to the economic execu- 
tion of such work is very small. 

By lessening the cost of erecting cottages something is done 
towards inducing a proper provision of them. "VVith good 
plans, wise superintendence, and the choice of proper 
materials, much may be done in this direction. Non-abscnrb* 
ent walls and floors are amongst the desiderata^ and above 
all things such arrangements for the removal of the refoie 
that it shall not by any possibility contaminate the mUx 
supply. 

Sound and healthful dwellings are required in towns for i 
lower class than have been yet thought of, — the multitude 
who are unable to pay more than, say, a shilling a week as 
rent. There is a large number of these who require only one 
room, a man and his wife without children, single men and 
women, and widows. There seems no valid reason why a part 
of the Peabody fund should not be applied to meet this wani^ 
and it is to be hoped the trustees will turn their attention to 
the subject at once. 

The desire to produce cheap houses by speculators his 
necessarily this bad result, that the efforts of the builder are 
nil directed simply to that end, to discovering the means of 
erecting a dwelling at the least possible cost, not in providing 
to the utmost extent for the health and the comfort of tbe 
occupant. If the wages of a labourer are not sufficient to 
enable him, by the exercise of due prudence, to pay for a 
decent habitation, warm, dry, airy, and well-drained, calcu- 
lated therefore not to destroy his health and working power, 
and to send him to a premature grave, and his widow and 
children to the union to be maintained at the expense of the 
ratepayers, it is time they were made so. It is found to be 
wise and paving policy to provide horses with good stablea, 
and pigs with healthful stys. Surely it ought to be thought 
necessary to do as much for the men who drive and feed them. 
Among minor evils, ill-ordered dust-bins should be mentioned 
as the fruitful source of sickness ; decomposing matter, under 
present arrangements, being allowed to remain in them for 
weeks, sometimes months, to pollute the air. Better super- 



5y (Twf^ Godwin, F.R.B. 

ton ia needed. If the occupants of houses were to eee that 
' oonaumnblo matter was burnt, the danger would be 
■ened, and the quantity would be so much reduced that 
IDgeroenttj might be made for its removal day by day. 
V vast deal of ill-health, to say nothing worse, reaulta from 
rioo early occupation of newly-built houses. In tlie aub- 
>n districts of London, and of many of our large towns, 
houses by the thousand are planted on the ground, often 
Iieaps of unwholesome deposits placed there to fill up hol- 
) whence brick-earth or sand may have been removed, 
finished with pauseleas rapidity, and. all reeking as they 
receive a family, often before the workmen have left. 
6 danger involved was recognised long a"o. An ancient 
'ign proverb says, as to a new house, " The first yeai* for 
enemy, the second for my friend, the third for my- 
" 'riie speculative builder of to-d.iy too often cares for 
Iwr friend nor enemy; the houses, like certain historic 
n, are made to sell ; to turn a penny is his sole object, 
the buyer must look out for himself. Alas I for such ii 
S of feeling ; it unfortunately prevails in modem society to 
ich greater extent than is consistent wilh the right condi- 
of pubUc Health, giving that word its full meaning, 
jnong the arrangements for furthering the object we have 
lew, facilities for recreation and amusement must not be 
btten. Amusement must bo had, will be had, and if that 
eH is rational and innocuous is not obtaiuable, less whote- 
B excitements will be resorted to. The provision of open 
sdomed places, picture galleries, social gatherings, flower 
•rs, the practice of window gardening, facilities for ob- 
ling books, for the enjoyment and the study of music, 
mny readings," cricket, swimming, archery, drill, arc all 
Hers calling for the fostering aid of those who desire to see 
^ state of health prevailing, and would contribute their 
B in rendering the world happy, and leading to a highec 
of manhood. Popular meetings for recreation have a 
ler value as serving to bring classes together, counteracting^ 
tendency to severance now in operation, and which lias 
1 to produce the great danger that threatens society at this 
ent. 

is the opinion of some who have inquired, that we are 

iorattng physically as a people ; that the number of men, 

example, rejected on physical grounds from amongst those 

offer themselves as soldiers or policemen, is greater pro- 

[wnionately than it was a dozen years ago. I am not disposed 

lo accept this beUef in our deterioration without reservation. 

' may tie, and. Indeed, unquestionably ia, true, in the case of 



108 Address on Health. 

thousands of our fellow-creatures pent up in close < 
garrets, and cellars., without pure air and water, or kno^ 
which would lead to an improvement in their condition, 
the thousands born of this class who go to fill premature 
hospital and the graveyard. But there are other portions 

Eopulation of whom a different story may, it is hoped, b 
ti]l, the destruction of health and life by preventible 
is enormous, and we are again made to feel, by the 
alluded to, the vital necessity of continuous efibrts to 
about a better state of things. 

Every one may assist in his particular sphere in disse 
ing knowledge of the kind required, and building up a 
state of pubhc opinion. Bv the exercise of this uone n 
hope to obtain satisfactory laws, and to see those laws pi 
acted on. The want of education in what affects the 
frame^-the operation of the agents bv which it is influei 
is unfortunately almost universal ; if it were not so, 1 
enforce sanitary requirements would be much less ne< 
than the^ are. Sanitary science should be taught to a 
the earhest vears in schools of every grade. Until 
more generally done, we shall go on, as now, destroyii 
another, and blind to the fact, obvious to a Latin po€ 
years ago, that, ^* Life is not to live, but to be wetL" 
great question of health calls for the primary and ui 
ting attention of statesmen and legislators; it is far 
party considerations, far superior in importance to th< 
majority of subjects which monopolise attention. "^ 
education and health no nation can advance and be 
and to bring about those conditions should be the chief 
of all government. 



109 



^Wixm 



BY 

WILLIAM NEWMARCH, F.R.S., 

ON 

ECONOMY AND TRADE. 



conditions havc^ within a recent period^ manifested 
emselves in the treatment of Political Economy in this 
', in the United States, and in Germany, the effects of 
cannot fail to be of the highest importance and conse- 
. I allude, in the First place, to the marked manner in 
Political Economy has, of late, followed the path of all 
epartments of knowledge, by leaving behind, as far as 
;, its former, a priori^ abstract, and deductive character, 
come, like every other subject of intellectual pursuit 
time, a science of observation, experience, fact, and in- 
i ; and, in the Second place, to the efforts at length 
1 to render the elementary doctrines relating to capital, 

and wages, part of the common school-teaching of all 

" Wealth of Nations " is not a deductive treatise. On 
itrary, it holds its place in public estimation, precisely 
3, as the result of the patient labour of the ten years 
ipon it, in the retirement of Kirkaldy, it combines, so 
tely and happily, a philosophical insight, with a know- 
)f practical life, and the a[)plication of appropriate facts, 
eductive reasoning, from plausible premises, is so much 
for l:oth writers and readers than laborious, dry, and 
) collection of details, that there must ever be, in all 
es of knowledge, a powerful tendency towards mere 
7 and abstract speculation ; and, as almost a necessary 
uence, a disposition to be presumptuous and dogmatic, 
all the great errors of the human mind have arisen, and 
rise, almost entirely in the premises or conditions to 
the logical faculty is applied. There have never been 
or closer reasoners than the Schoolmen, and, considering 



110 Address on Economy and Trade. 

their wonderful acuteness^ the surprise is all the gi 
they ever adopted for a moment the absurd and 
postulates and conditions to be found in their wr 
cannot be denied that, for the greater part of tl 
century, Political Economy, both in this country 
where, has been followed too much in the me 
deductive, and geometric form. The premises I 
sought in the ingenuity and fancy of the writers ; 
fact and patient plodding observation have been le 
was considered the very inferior function of the m 
tician. Truth, however, is not to be conquercc 
Methods ; and there soon arises n flagrant, if not a < 
discrepancy between deductive predictions and r€ 
It is these discrepancies, these yawning chasms, be 
calculated and tho true state of the clock — whicl 
salvation of science, and the opportunities of the 
latterly, Political Economy has largely gained b] 
opportunity. Let us remember, however, that the 
or Baconian method has never been without its cult 
least in this country. Fifty years ago it was a 
Thomas Tooke, with enduring success, to Prices and 
A little later by Richard Jones, to the phenomena 
and thirty years ago by Edwin Chadwick, to the 
Factory and Infantile Labour, and Sanitary and ] 
Legislation. It may be said, indeed, with no small 1 
it is to the practical habit of the British Parliam 
quiring all new proposals of extensive change to b( 
by exhaustive investigation of the facts of the cat 
pretensions of people who say they will be damaged 
representations of people who allege that they or oth< 
benefited — that we owe the gradual establishment, 
re-establishment of the superiority of the Inductive 
Deductive methods of Political and Social Economy 
And not only has this change taken place as regar 
and immediate problems, but it is being carried syst 
into historical inquiries. It is well known how muc 
ance Mr. Buckle attached, in his later years, to 
conditions, as an operative force in the large histori 
ralisations which render his " History of Uivilisatio 
the most potent books of the century. No future hist< 
aspires to even secondary rank, will be permitted t 
rant of economic science, or will be excused from int 
by the aid of that science, alterations in the status oi 
and classes which hitherto have been referred to 
political, or religious causes. The two volumes 
liogers^ published four years ago by the University c 



" Agricultural Prices and Wages in England during the 
nil and 13lh centuricB" — volumes founded upon a most pa- 
it and learned inveEtigation of the early account-rolls of 
rton and other colleges — constitute a new rendering 
the social and economic history of Engliind during the 
itioo-period of which they treat ; and enable us to see 
delail how far-reaching and potent were wages, prices, and 
-ilence In modifying from top to bottom the coherence 
le English polity, and the power of our sovereign lord the 
;, under the early Plantagenets. Applied to Eubjects of the 
But time, we can refer to achievements of the same method 
the cumplete investigation of Trades Unions, by Sir 
illlam Erie's Commission — of Technical Education, by Mr. 
luelaon's Committee and Foreign Commisaions— of Popular 
Endowed Schools by a series of Government Enquiries — 
Coal Supply, by Mr. Jevons's remarkaiile book and the 
»yal Commiasion whicli it provoked — and quite lately by the 
sports from our diplomatic agents abroad on wages, prices, 
d tlie purchasing power of money in foreign states. Among 
ividual efforts we have bad Mr, Dudley Baxter's series 
books on National Income, Wealth, Expenditure, and 
jwtion — Mr. Leone Levi's practical researches in the same 
ectiou — Itlr. Goschen'a most remarkable official paper on 
I history and present state of local taxation — and earrying 
ward and completing iu many ways Mr. Goschen's re- 
ihes, the papers by Jlr. Palgrave and Mr. Scott, to which 
I awatdoa the premium offered by Mr. Tayler through the 
iatical Society. 

In France, tlie tendency of late years has been, among the 
leated classes, to discourage the abstract political economy, 
lull has played so mischievous a part in that country. The 
oitable seriea of works by JI. de Lavergne, on the rural 
inomy of his own and other conatrleu — the treatise of M, Le- 
leour on the working classes of Prance — the earlier and more 
iborate book on the same subject, by M. Le Play — and the 
sarches of M. Jules Simon, constitute a body of scientific 
fence, which leaves but little to desire. The inquiry insti- 
led by the French Government in 1866 concerning the 
sk of France, and the analogous institutions in other 
intries, continued its labours for four years, and the fivo 
ILTto volumes which liavc been amassed testify, at least, to 
I diligent and not unsuccessful labom-s of the Commission ; 
nther to their positively successful labours, inasmuch as they 
.mpletely exploded, by means of facts and evidence coUectixi 
11 over Europe and America, the socialist doctrines of the 
01 Pericre regarding a fixed rate of discount, and what was 



112 Address (m Ee(>ru)my a$id lirade. 

va^ely called the paramount duties of national bmka to 
industry. 

In Germany the reaction from the deductive methods hiil 
notj on the whole, been so decided as with ourselves and m^ 
France. Still the Congress of German economists, iMA'- 
assembles at intervals of one or two years in the leading towni' 
of the empire, is rapidly becoming a powerful influence. At thvi 
Congress held in August last at Lubeck, and extending overi 
a week, the subjects of commercial treaties, strikes, chantabb) 
endowments, bank issues, and the monetary standard belt' 
suited to Germany, were discussed and dealt with in a mso^ 
tical manner ; so much so, indeed, that the resolution of the'] 
Congress in favour of a gold standard, based on the florid^ 
in contradistinction to the thaler, will have oonsidersbb'' 
weight with the Berlin Cabinet. As Englishmen, we may bs I 
reasonably proud to find one foreign country after anothflrj 
adopting the principles of coinage legislation which we brougiit' i 
to a state of practical completeness so long ago as 1816. h 

It is, however, in the United States that most remarkable ' , 
examples have arisen of late years, of the force and succefls, 
with which the investigation of economic facts, skilfully ooiii^ i . 
ducted, may be made to produce rapid results. Mr. David ' 
Wells distinguished himself during the war by pamphlets, on the 
condition and resources of the Union, and was appointed hj ' 
Mr. Lincoln to the office of Special Commissioner of Revenue, 
under the financial secretary, Mr. McCulloch. When the' 
war came to an end the people of the United States found ' 
themselves harassed on all sides by a revenue-system which ' 
for minuteness of interference, for extravagance of assessment, 
for obstruction and irritation, for confusion, contradictioD, 
and constraint, is beyond any well-authenticatedprecedent in 
any age, in any country, or among any race. The fiscal ex* 
pedients to which Mr. Pitt was driven in this country hj 
famine, rebellion, mutiny and war, and the general inability 
of our then population of ten millions to bear the chief burden ' 
of an European contest, were simplicity and moderation itself, 
compared with the Internal, State, and Municipal revenue- 
system prevailing in the United States in 1865-6. And not 
only was the revenue-system bad as a machine for nunng 
money for the public service, but there had grown up alons- 
side it a net-work of protective duties which everywhere sacn* 
ficed the millions ot unseen consumers to the apparent 
prosperity of a few conspicuous manufacturers and clamorous 
mterests. Mr. Wells set to work in a manner as creditable 
to him as a philosopher as it was efficacious as a publio 
servant. He personally visited all parts of the conntrjr, 



113 

looUecteil eviJenco relative to the revenue and protective 
' He then applied for official permission to visit 

and especially this couutry. He came here in the 
of 18fi7, and the result of n four mpntlis' visit and 

m was his conversion tu Free Trade. He returned 

B Wash ina; ton, and in a series of reporte, already become 
tietorical, he exposed, by nieaua of official facta and evidence, 
lite vices of the internal revenue, and above all the destructive 
W of the protective tariff. The ProtcctioniBt party became 
"^TMia. They first tried to drive him from the public service 
gether. Failing that, thev hit upon the expedient of 
lerving the office but cancelling the salary attached to it. 
, Wells did not regard the salary, and retained Ids appoint- 
It until his reports were finished. He was immediately 
ltd by the State of New York at the head of the Commia- 
1 for inquiring into and reforming the System of State 
tation ; and the exhaustive report of that commission issued 
ly in the present year, is Mr. Wells's latest official con- 
Milion to economic literature; and to that inductive method 
fact and observation, ns applied to social and economic 
nomena, from which we may with confidence expect future 
iD^bs, great and manifold. 

Ir. W^U's latest researches were embodied in an article 
ibe North Avierican Jinnew for June last, and from that 
r I quote the following telling exposure of the reasons 
in the United States the moat extensive " protection fails 
lotect." Mr. Welts takes the case of the manufacture of 
■sdfelt Hats: amanufactureestablishcdinAmericabefore 
Iqiendence, and, down to 18G0, so flouriahing, that the 
Sted States made better and cheaper hats than any other 
atry, and had a larger export demand for them. At 
lent, and fur &oine time past, the prosperity of the trade 
departed, the foreign demand nas ceased, and the price of 
le-made bats haa so increased, that the American people 
fewer hats than formerly ; and the manufacturers have 
vd losses 6o severe, that considerable numbers of them 
e become bankrupt. Mr. Wells points out that the reasons 
obvious. The fur comes from Germany, and, if imported 
the akiu, pays 10 per ceut. duty; if cut from the skin, 
per cent. — the reason for tliia singular difference consisting 
be fact, that there is a single powerful firm in the States 
B possess a peculiar secret for shearing hatters' fur, and have 
ttrived to procure in their own behalf the difference of 
per cent, between shorn and unshoru akins. The best kind 
iroul used for hats comes from the Cape of Good Hope, but 
~~ thia raw material the import duty is 100 per cent. ; the 

8 



1 14 Address on Economy and Trade. 

silk comes from France, and nays 60 per cent. ; the inndfl 
leather pays 45 per cent. ; and if the hat be imported in t 
finished state, it pays 35 per cent. '^ Under such a code d 
protection, is it any wonder/' Mr. Wells asks his countiyiqeiii 
'* that the hat business docs not flourish in the United Stately 
and that oilr people pay more for hats, and get a worse article, 
than the people of any other country on the face of the globaf" 
Pursuing the same detailed method, he shows that the peopb 
of tlie United States use less sugar and coffee per head than tbey 
did in 1860 ; use fewer boots, shoes, hats, and other articln 
of universal demand ; and tliat the consumption of cotton-olodi 
is less in 1870 with 39 millions of people, than in 1859 witk 
30 milliunSy and that as a general result the United States nut 
only buy Ics^s at home, but send much less abroad ; and« aboiB 
all, send away even these lessened exports almost entirely is 
foreign ships, because the protection of American ship^builden 
has done its work so completely as to conduct them into extine- 
tion. 

The Second of the circumstances I mentioned at the outset, 
namely, the eflbrts at length being made in this country to 
teach elementary economics in common schools, is of eva 
greater importance than the advances in Method I have jut 
pointed out. 

In the course of 1870, a Committee on Labour and Capitd 
was set afoot by the Social Science Association, and early io 
the present year that Committee had an interview with the 
President of the Educational Committee of the Privy CouDofl 
(Lord Kipon), to urge the desirableness of teaching elementaij 
economics in schools under public inspection. The Committee 
stated their case as follows : — 

'^(1.) Your Memoralists have a strong conviction that thehostOHj 
between Labour and Capital, arising from an erroneous belief tint 
the int;cru.its of workpeople and their employers, and of tenants ud 
landlords, are opposed to each other — a belief leading, in MantifiM- 
turcs, to atiempts to impose harassing restrictions regarding ndv 
of wages, hours of labour, piece-work, number of apprentices, tad 
the use of machinery ; and, in Agriculture, to attempts to dictate the 
amount of rent to be exacted and the selection of tenants, and lead- 
ing, in its further stages, to strikes, lock-outs, rattenings, and thieiti 
of personal violence, and ultimately, in many cases, to murder itrif 
— might have been mitigated, and in great measure prevented, hid 
the people of this country in their youth, and before the mind ooold 
be warped, been instructed in tlic elements of Economic scienee. 
And on this and on other grounds, they respectfully urge that so 
more time be lost in taking measures for gradually introducing tidi 



J5y Waiam Sewmarcli, F.E.S. 



ni 



g^ OB a regular branch of education, iuto nil schoob to 
IS State gives pocuuiary aid. 

The practicability of commuaicating such knoivIeOge to the 
'even very young persons, and of making it both iclereating 
ictire, hoa been demonstrated on such a scale as to place the 
eyond doubt. 

Totir Afemoriatista respectfully suggest, as one practical 
proceedlug, that EtementATy Economic Science be added to 
ectB In which persons intending to become Teachers are 
D qualify ihemselrea for examination, under the Bupervision 
eportnient of Pracdcal Science and Art, and in which Uioy 
rwarda prepare pupils for examination, with a view to pay- 
Bscertuned success ; and further, they venture to submit 
il gJl dilficultiea incident to Die establishment of this new 
f instruction shult liave been surraountod, it would bo highly 
f, to appoint at least one weli-qualiiied School Inspector, of 
sal iu the cause, to superiutend operations on this particular 

eault of this memorial ia officially reported as foUowe ;— 

Cummiltee need scarcely say that their deputation, which 
iduced and aUly supported by Professor Fawcett, M.P., was 
fiy received ; and although it did not succeed in conviucing 
pon and Mr. Forster of ihe necessity of the appointment 
wl Inspector for the special object in view, the interview 
lUctive of much good. The deputation had the pleasure of 
that Political Economy is already one of the subjecl« on 
teacher may offer himself for examination, and, after passing 
iiay prepare his scholars for examination by the Inspector ; 
eir success would obtain for him a moderate capitation 

B. 

m immediate expedient, Mr. Forster suggested tiiat tlie 
e« should try to get instruction in Political Economy iatro- 
to ihe district of some one of the present Inspectors ; and 
ltitt«e are happy to announce that, through the intervention 
iBor Jevons, of i^Ian Chester (a member of the Greneral Com- 
|ir. Brodic, one of Her Majesty's Inspectors of Schools for 
cict, has kindly consented to Uke upon himself this uddi- 
uble, and has already made arrangements for the introduc- 
lie study into four large and important schools, under clever 
ri«noed toachers. 

schools alluded to in the memorial, as having shown by 
se the practicability of rendering rudimentary political 
interestiDg and attractive to the young, were, in great part, 
by Ur. William EllJs." 

»V6 here a beginning full of promise. The Committee 

to mention with all Louour the name of William Ellis. 

^jui thiity years ho has with priacely muni&ceQCe> 



1 



B th an thij 

II 



lie Address on Ei'onomy and Trade. 

and at no small sacrifice of time and comfort, promoted the 
formation of Birkbcck schools in ditFercnt parts of London, iq 
which, in concert with Mr. Shields, ho has demonstrated on % 
large scale that to the boys and girls resorting to comnMli 
schools, lessons in rudimentary economics arc highly acceptaUd, 
and can be conveyed to them in a systematic and thorobgh 
manner. The same results have been established at Glasgow' 
by the schools promoted by Mr. McClelland and his frim^ 
and for many years carried on in the face of calnmnj voU 
opposition. 

The motion in the House of Commons on 2l8t July last, by 
8ir f I ohn Lubbock, directed to the furtherance of the olyeefl 
set out in the memorial to Lord Ripon, was favourably receivedl 
both by the House and the Government : and we may ncMr 
congratulate ourselves that a beginning has been so efFectntUt 
made, that nothing but supincness on the part of ourselTes ctt 
postpone success. Surely if there bo any proposition wlud 
inore than another commends itself to experience and common' 
sense, it is this — that to the classes which, before all ot&er^ 
depend upon the wisest and most advantageoas disposal of 
their sole possession, their Labour, we should convey at Utit 
earliest period, before prejudice, passion, and bad habits inttf^ 
vene, some accurate knowledge of the causes which regnhti 
capital, profits, and wages. We may or may not teach any- 
thmg else, but this assuredly we must cither teach rightly, ir 
it will be learnt wrongly in other quarters. 

Not only is there a proi^pect of the teaching of mdimeii^ 
ary political economy in common schools, but in schools (f' 
the higher gnidcs there is now some degree of attention grteii I 
to the science. The professorship at Cambridge in pomtof i 
endowment and tenure is perhaps satisfactory for the present^ ^ 
but the same remark cannot be made of the chair at Oxfbri \ 
At Edinburgh the University has been recently enabled to' * 
erect a Professorship of Political and Commercial Econoffl|f - 
and Mercantile Law, under circumstances especially &vom^ ' 
able ; and when I say that Dr. W. B. Hoagson has beeii 
choi^cn as the first pn)fcssor, we shall all agree that at Edm- 
burgh, at least, the science will be expounded with all the skitl 
and ^)ractieal knowledge of a man who has been throtigh(Snt 
his life a teacher; and with all the vigour and originality 
of an observer and student who well understands now to 
make the solid results of the present time a platform Km 
which to prepare for the advances and changes of tne futnre. ' 

The two principal events in this country of the past twelVe 
months relating to the subjects which belong to this aectbtij 



By Witlimn Newmnreh, F.R.S. 

JH-i^ ttie pasainj; of the Government Bill on Trades 
JK; an<l the formation of a public afisociatioii for nrocur- 
, fundamental change in the conditions under which land 
' as exclusive property. 

Trades Union Act concludes the long controversy 
n the Legislature and the working clnssQs regarding 
ations. Peaceful oombinntions to procure higher wages, 
ir liours, and better conditions generally, are now fully 
I the law, BO long aa violence, threats, and molestation 
It reaortod to. The Legislature, so far as it caji, has re- 
arrangements between masters and men to the only 
.inent which cau really settle tlicni, namely, free Jiscus- 
jlween th« parties. Such nrranzements arc cssenlially 
OS regulated from time to time by the circumstances of 
muid for goods, the supply of labour, and the resources 
Bterprise of capital ; and, without quarrelling or temper, 
pe interest anil the duty of both aides to discover, by Ihe 
diBCusftion which takes place in all other commercial 
,ga, what are the precise and practical terme on which 
(^a buy or eell. A strike is the end of ^acusaion and 
^giti&ing of woi', and injiures both sides. The common- 
~ course is to set up some Middle Tribunal composed of 
lentative masters and men, who will meet as people of 
jas, and fix the rate of wages from time to time. The 
icil of Conciliation in the Hosiery trades have for some 
■ SBCceasf idly accomplished this purpose, under ihc cbair- 
ibip of Mr. Mundella ; and in numerous other cases the 
.principle has been applied with or witliout the assistance 
f. Bupert Kettle as umpire or arbitrator. In the north 
Dfland Iron trade a similar committee at Darlington, 
^ Mr. David Dale as chairman, and Mr. Jones and Mr. 
us secretaries, haa with marked success adjusted the 
of about 25,000 men to the fluctuations of the market. 
, «rq great and solid practical advances on the former 
if isoJatioD and uncertainty. 
\ yet, bat iu course ot time, as economic principles become 
Kriy understood, we shall see trades unions purged of iheir 
trroneous and mischievous purpose of seeking an uniform 
I wages without regard to differences of skill, knowledge, 
(r^, aud character. There is no tenet of socialism more 
i.io its consequcuces than this insidious and plausible 
pie-— a doctrine which, if acted upon rigidly for any length 
me by large classes of men, would stop all progress. Put 
iilain language, it means that there shall not be in the 
I any such thing as superior talent or attainment ; — that 
art Aod handicraft shall be reduced to the level of the 



118 Address en Economy and Trade. 

commonefit, most ignorant^ and most stupid of the pen 
belong to it — that to secure this end every man t< 
nature has given special ability, and \vho by effort 
denial has brought that abilitv to more or less perfecti 
forego the superior rewards, the honours, and the fldva 
which he can easilv and fairly earn. Happily, hnmai 
is so constituted tnat no such code of repression will 
submitted to; and it is this ineradicable desire, ai 
Smith said, to better their condition, which comes 
world with every man and woman, and never leaves 1 
they go out of it, which always has and always must d 
socialistic proposals for sinking the individual in the m 
providing, as it is said, in a vague and sentimental ^ 
the labour of all shall contribute to the equal enjoymei 
The fallacy lies in that notion o! equal enjoyment at 
turn for unequal cfTorts, abilities, and sacrifices. I 
that while the abilities and labour of A and B may pr 
result equd to, say, thirty; and the inferior abilil 
labour of C and D equal to ten, the whole product 
forty, shall be divided into equal parts of ten, instead o 
as is their due, fifteen each to A and B, and assigni 
also their strict desert, five each to C and D. The 
such thing in nature as an equal division of unequal e 
and it is because socialism in essenco means that and 
else, that it is an impossible and pestilent delusion, 
human being is by nature entitled to justice, pn 
freedom of thought and action, and to such a mcasui 
struction as will suffice for the intelligent use of his U 
faculties— but from society he is entitled to no more, 
rest he must conquer for himself, and he must have 1 
perfect assurance that he will enjoy the full benefit of 
on the one hand, and have to bear the full conseqw 
failure on the other. This is the Law of the case-^ 
ditions under which as a matter of hard fact human i 
subsist. Beyond these and in mitigation of theii 
logical issues, lie the functions and graces of con 
generosity, and gentleness — of the desire to reclaim th 
and to raise the weak — functions and graces wither 
the world would lose every trace of light and happiness 
the same time attributes which move and ameliorate v 
circle of their own, and in obedience to aspirations wl 
most noble and perfect, when they leave fafthest 
every thoujjht of self and every calcmation of gain. 

It is chiefly abroad that we now hear denuncial 
Capital as the great enemy of the working classes. '. 
observation atnong ourselves has advancea f^ enoogl 



and 



By WUliam Newiruwoh, . 

a general proposition nothinf; can be plitmcr than that 
greater the accumulation of capllal, tliat w to «iy, houses/ 
e, ships, railways, manufactures, commodities, animnltfiV 
>, and implements, the better must it be for the elaeaeBif 

livo on wajrea, »ntl who desire to buy with those migelfil 
Mny commodities as posaible. A chenp countrj- means tf I 
itrjr where there is much capital, and much, therefore, ttf 'I 
, and a prosperous Country means a country where thtf J 
latrj of the people produces the largest quantity of useful I 
desirable things, to be divided among the capitalists ao^ 1 
Qi^rs who [irijouce them. The first concern or all societies 1 
be to au-iment the Gross Produce of tlie year, so i\\a% ■] 

providing for the subsistence and comfort of the mcmbcot j 
may he a suqilus applicable to the cheapening and j 
irging of future production. How best to secure tW 
'nd reasonable Distribution of the gross produce araong 
lists and labourers, is the precise problem in political 

uty which it is most ditScult to settle ; and the discussion 
'hicft every age and every country will approach from some 
iai point of view, or under the influence of some special 
or theory. In this country we have made certain positive 
mccs towards a solution— advances not likely to be dis- 
cd, come what may. In contra-distinction to the beliefs of 
(er times we have satisfied ourselves that a just and reason- 
Distribution of tlie gross produce cannot be assisted by 
Opo]tes or protection; and in contra-distinction to a largo 
y in Knince and Cenlml Europe we have alao satisfied 
elvea that the socialistic i:<cheuie of an ccnial division of 
[Ual earnings does not mean tlmt just distribution of gross 
uce, by which, alone, the economic life of a society can 
ist and flourish. 

decline to venture upon any formula of doctrine, but if I 
Rsked to state In the smallest compass the practical result of 
sssion and experience in this country during the last forty 
H. I should fay that those economic conditions wluch are 
i favourable to the creation of the largos t possible (xross Pro- 
1, are also iu themselves most certain to secure its just and 
>nal;ld Distribution among capitalists and labourers. For 
t does the fact o£ the largest possible gross produce imply ? 
oplies great intelligence working under fitting control, 
(try, enterprise, self-reliance, frugality, temperance, per- 
&ee.dom of action and contract, cheap and speedy justice, 
ict for the wise, and honour for the courageous and up- 
.; in a word, the best and fittest men in the best and fittest 
|3, animated by the consciousneBS tliat to every worker 
lul.the reward due to bis merits. According to this tIow 



1 20 AMrjifb on Ecouomi/ ami Trade, 

it is a more difficult ih'ing to accompliBh Incrcaaing Prod 
than to a])portion it when it is aecurcd. The miseries 
world arise ten times more from that which is wasted 
from that which is unequally distributed. An eoon 
millenium would be an epoch in which there was no Waste 
waste of human lives, no ignoble sloth, no diseaSse and d 
itude, engendered by ignorance or neglect of natural 
no waste of useful tilings in vulgar, insolent vanity ; abc 
no waste of health, substance, and self*respect in drunk 
and its attendant vices. 

What then can be done to prevent and diminish M\ 
The answer to this question raises a cloud of difHcultic 
brings forward at once the two schools and parties, < 
whom hopes much, and the other hopes little, from the 
ference of the central authority, or State. It is not 
concealed that, of late years, the first of these parties hai 

Saining ground. Laissez ^fuire has become a cent 
octrine, and there is no lack of observant and vigorous 
who have satisfied themselves that the mo?t hopeful ful 
modern societies lies in the direction of increasing 
Control and Interference with the free action of indiv: 
But, by the term State, they carefully explain that thej 
not a blindly-despotic, but an enlightened State — a 
markedly wiser and better than the mass of its enbje 
that with them State control would be the superintende 
a saCTcioua and well-meaning parental authority. Fo 
self, I say, without reserve, that I do not belong to this 
No State Authority can be better or wiser, in the lon( 
than the community which supports it. Every natiot 
one of the wisest men, has a government just as good 
deserves : neither better nor worse. A community, cap 
devising and sustaining a wise parental government, 
abundantly prove, by that very act, that it was a suf 
law unto itself, and could accomplish, by individual e 
virtue, and freedom, every purpose to which a strong < 
authority ought to apply itself. A pervading and me 
government means a wilderness of functionaries, and an 
ratus of certificates, formalities, reports, and signatures, 
of themselves fill up an average life. This is not free^ 
f unctionarism ; and the radical vice of all f unctionarism 
absence of any aclequate motive of personal gain or loc 
has been well said of the public dockyards that, if each 
lishment could be fixed with an accurate capital accoiu 
the officers be paid by a per-centage on the profitand loss f 
no further measure ci naval reform would be needed, be 
at length, a sufficient individual motive would have 




Bif WmUtin Xewiiiarcli, r'-R.N. 



It into plaj in f»voar of pvogrGsa and economy. Ntitiona 
been freciiienlly enongh killed by functionitrisTii, but 
crentoJ or dilvnnceil by it. Austria ia slowly ami 
Jly recovering from tliis incubus; and in France it is ihe 
rorst symptom of its condition that overy second innu and 
D has no highci' ambition than to become an obaoure, 
iJ, and ill-treated fuoctionarj- in the Herviue of a contral 
ity, which rej*oiatefi everything, and controls nolhinji. 
iiture goi-emment of France, it has been siiii!, ironically 
ruly, is only jmsaible to the person or party who will 
' the Lefiif^a oi Honour upon the whole, and ploGCn upon 
ke population. The founders of our Knglian polity, at 
never fell into thia mischief ; and it i« exactly because we 
tlways striven ta reduce the funotiona of government to 
imum — to find in the Common Law rights and duties 
'thanajiyto he obtained from kings or conneils — to do 
rselves that which other nationa have had done for them 
I we have become so robust a people; — and our truest 
i>ldi!9t fnfurc conaista in carryio^f to perfection the aame 
plea of the orderly and iuteltigent freedom of ths 
dual. 

tletennine accurately how far, in each particnlar gencra- 
Cootrot shall modify free action, la a must difficult 
;al t^ueetion. Control there must be, and new conditions 
tKtt> constantly raising special cases. During the last 
ears the rapid spread of manufactures, and the collection 
terogeaeoiia populations, in old and new localities, has 
illcd na to resort to a degi'ce and species of interference 
Mpection, which our forefathers would have resisted as 
ny. The Factory, Passenger, Mines, Worksho[j8, Sani- 
jVacoioation, and other similar Acts arc all measures of 
, justified by a particular state of things; and it is quite 
te to suppose that, within gome moderate period, they 
ictomplish their educational purpose, and creute a public 
o strong enough to effect of ilsolf the wholeeome regula- 
■ow enforced by law ; just as public opinion has, of itself, 
)wn bull-baiting, cock-fighting, nnd the prize ring. We 
perhaps, even <?peculate on the arrival of a time when it 
e a« aujierfluous for the State to provide compulsory 
tioQ aa to provide gin. The article itself will be ftp- 
ted and provided on its own merits. In one direction, 
Ive already arrived at positive conclusJona regarding the 
ICO of the State — we have given up all attempts to 
Bt people from mismanaging their property. We no 
r pretend to catalogue unsound investmenta, or unsound 
Itock corapaaiee ; to point out insolvent railways, or 



122 Address on Economy and Trods. 

dishonest foreign borrowers. We have also wisely lef i the 
licence of the press to be wholly controlled by a simple law of 
libel ; and^ generally, we have established, as a canon of our 
legislation^ that, except in such cases as the Post OfEcej the 
Government cannot, with success or advantage, conduct anj 
commercial business. It is among the strongest signs of a 
progressive national life that it is able, from time to time, to 
dispense with the presence of the State in spheres of action 
where formerly it wat< conspicuous or supreme. In the aettlo> 
mcnt of religious creeds, in the ordering of University tests, 
and in the toleration of dissenting churches, all of them sub- 
jects with which the State formerly concerned itself, to the 
neglect of its real duties, we have utterly, and for ever, du* 
carded all idea of legislative interference. The disputes o{ 
ecclesiastical litigants are remitted to the ordinary tribunal 
and a theological debate in the House of Commons has bo- 
come as impossible as a discussion on the attributes of the 
Grand Lama. 

The formation in this country of a public associatioDt in- 
cluding names of the highest class, with the object of largely 
abridging the exclusive Ownership of Land, is a remarkable 
event. It is quite puerile to affect to be angry at such % 
proceeding, or to expect to put an end to it by contempt and 
abuse. The allegations must be met and examined on their 
own merits, and they must be disproved by the only kind of 
refutation which eflfcctually answers the purpose: the refuta- 
tion, namely, of stronger arguments and more concluuve 
evidence. It is inevitoble that discussions of this nature 
should arise from time to time; but it does not always happen 
that the innovating party, as in this instance, have the aid 
of one of the most eminent of the living masters of language 
in setting out their propoi^als. 

The programme of the Land Tenure Reform Associatioa 
contains ten articles, and as regards six of them, there will be 
but little dispute anywhere. We are all in favour of (1 ) 
removing all legal and fiscal impedunents to the transfer o^ 
land ; of (2) restricting within the narrowest limits the powe^ 
of tying up land, the effect of which is to leave it withoatf 
some owner having full actual power of dealing with it as aitf 
article of hire or sale; of (3) assimilating as concerns resfl 
estate the law of intestacy to the same law as affects per- 
sonalty, namely, that the absence of a will shall distribute Dotbtf 
realty and personalty among the survivors. StiQ more em — 
phatically will public opinion accept the doctrine that (4) the in— - 
closure oi common and waste lands shall be strenuously i^^oistetf 



btereste of the public health and the neoessities of a grow- 
tiliitioii. We shall also all agree that (5] it is deairable, 
EI* possible, to preserve a certain portion of the eom- 
ad wftstes in their wild natural beauty ; anil (6) 1 du 
Iw that as an abetract proposition (hero is much danger 
stiggestion that the State should poaeesa compuleory 
}l purchasing, at a fair price, "natural and artificial 
'attached to the eotl, and being of historical, scientific, 
lie interest." 

rem&itiing four articles of the programme are of a 
ftchsracter. They claim (7) for the benefit of the Stale 
iture unearned increase of the rent of laud " arising 
fe mere progress of the country in wealth and populu- 
Chey farther claim (8) that the State shall from time 
purchase esfules in the market and let them off tn co- 
FC agricultural asaociatioos; that (9) estates shall ba 
y procured and let off to small cultivators; and lastly, 
)) lands belonging to the Cruwu, public bodies, and 
lie and other endowments, nhalL be made available for 
arposes. 

tr. Mill candidly admits in his exposition of this pro- 
i, it is founded in essence on the allegation that the fee 
rf the land of a country should belong only to the State 
banity; and that there should be no such thing as full 
tsive ownership permitted to private persona ; and he 
alao that the ultimate intention of tnc scheme is to 
he whole of the land, houses, mines, and minerals, into 
tody of the State, to be managed by functionaries for 
nefit of the national exchequer, with the view of 
bidg, or even superseding entirely, ordinary taxes. 
U differs from another association, who propose to carry 
I plan at once by getting the State to resume all the 
ouaes, mines, and minerals, under compulsory powem 
iftse, and have the rents paid into tlie exchequer ; and 
feaaoa of bis dissent, Mr. Mill says — 

IT9 flo poor an opinion of State management, or municipal 
OiBot eithci', that I am afraid many years would elapse before 
iiDQ realised by the State would be sulBcieut to pay th^ in- 
[whleh would 1)0 justly claimed by (be dispossessed proprietors. 
[ros,l fear, a greater degree of public virtue and public 
Bi^e, than bos yet been atloined, tu admintster all the land of 
y like this on public account." 

it statement, at all events, we shall every one of us i^^ee. 
iftt A suggestion it is " To manage all the land of the 
" ■ "O public account i" One of the earliest and most 



tMl^Fubli 



124 Address on Economy ami Trade. 

universal occupations of the human race has been the manage^j 
ment of land, and if there be any single result of experienoat 
more certain thnn another, it is, that to manage even a small 
are:i of agricultural land profitably — to say nothing of houses, 
mines, and minerals — is even for the absolute owner of that' 
land, actin«T in person, and on the spot, a very difficult under- 
taking ; and the difficulty increases geometrically with eveiy 
introduction of mere agency between the actual cultivator and 
the owner. Nobody has insisted more eloquently than Ife, 
Mill upon the magic influence exerted by absolute ownership, 
upon the peasant proprietors of Belgium, and certain parts o( 
France. They submit to heat and cold, hunger and thirst, hours 
early and late, to improve their little holdings, because the 
land is absolutely thcii's, with all it contains and all it can becomcii. 
and because no lounging functionary, representing a shadowj 
and remote entity, called the State, can stop in between them, 
and their reward. For practical purposes, this single admV 
sion of Mr. Mill's upsets his scheme. To manage profitablj 
and well, all the lands, houses, mines, and minerals of fi 
country by functionaries for the public account, is not only, ai 
he admits, impossible now, but so long as human nature remaiiu 
what it is, will be impossible for all time. 

Nor is the other allegation, namely, that the increment of 
rent arising from the mere progress of wealth and populadon,. 
should belong to the State, more tenable than the scheme rf. 
an universal land and house agency of public functionaries. 
The primary and indispensable condition of all increase ot 
wealth in a country is, that every man and woman shiD 
apply their labour and faculties under the most direct personil 
motives of loss and gain, and with perfect certainty that they 
will be permitted to reap their full reward. It is very easy to 
say on ])aper that the future increment of rent arising from popu- 
lation and wealth should belong to the nation ; but practicallj 
the thing would be impossible without raising so many litlga: 
tions and dis])utcs, that no man would know whether he was' 
working for himself or for the State, represented by function- 
aries, living and moving in red tape, certificates, reporta» 
signatures, and all the machinery of a circumlocution office of 
the largest calibre. The scheme is bad because it takes awaT 
and impairs those motives of enterprise, forethought, Beli'* 
denial, and industry apart from which there cannot be foc 
long either any public estate to administer or any privati^ 
estate to tax. The true policy of a legislature is to leave it^ 
subjects to become rich in their own way, subject to as feir" 
restraints as possible ; and from time to time to raise thcp 
needful revenue from those riches and the other resources p£ 



Bg XViUinm Nmmarch, F.R.S. 



ISS 



iQiitiy, according to tlie beat principles of practical 
It is the biifiiiiGss of the people to provide a eurfiice 
tafion: and the busiueas of the Chancellor of the Ex- 
w to skim ofT from it, with the lightest, most ecientiflc, 
tst seductive touch, the smalleal portion possible — and he 
rhoUjr unfit for his office if he does not now and then 
to reach the growing incomes from real property, 
ve iiaid that all experience ia against the practicability 
laging with beneht and success lands, houses, mines 
inerals, hy mere Aijente. Proofs of this statement on 
gest Ecale, and in the most favourable portions of this 
y, are to be found in the history and condition of the 
■ estates of nearly all public corpurationa and bodies 
a relation of ownership far more close and personal 
»ti!(t attach to a mere Government department. 1 Eup- 
lat QO one will affirm that the vast landed estate<4 
y and at present belonging to bishops, deans, and 
'a, and the Ecclefiiastical Commiasion, can bear com- 

for energy and skill of management with private pro- 
, The same remark applies in the mass to the estates 
ed by cotlegcB, companies, and corporations — and above 
JbaA all to the properties administered by the Court of 
sry. The Land Tenure Iteform Association have heard, I 
je, of " Itleak House," and are prepared with some reply 
"The vast territories in the nortli of Ireland, acriuired 
two centuries ngu by the Corporation of London and 

of iTia Liverj- Companies, are a still more pertinejit 

point ; for eo obvious has it become from long exjteri- 
Ihiit theae great estates cannot he managed by dele- 

bO as to yield a fair return, that it has been long 
ly urged on the proprietors that they shuuld be sold, 
one or two cases this suggestion is now being acted on, 

13 the scheme stronger in those portions of it which 
i thttt the Government should buy up landed estates 

them off to co-operative agricultural labourers, to small 
tora,and to artisan householders. Apart from all theory, 
IBcicnt answer is that the tiling is being done already, 
^be best way, under ihc stimuiua of ordinary speculation 
6&t. One of the statistical wanta of the- time is a full 

ipartial history of the Land and Building Societies 

during the last thuty years, have converted into 
1 of plots and houses, tens of thousands of the working 
, who, under the stimulus of those magic words of 
Liiive Poseession," derided by the new reformers, have 

ed. severe self-denial iu order to lay-by a sutficieucy 
:« f^ meet their purchases. There are eome foor or 



126 Addi*€Bs en Economy and Trad€. 

five of these Bocieties so powerful and wealthy as to be ab]^ 
to buy up estates, costing scores of thousands of pounds. I 
know myself of three large estates so purchased, and aof 
occupied by nearly a thousand separate owners. By no chu 
in the country would this new notion of appropriating tU 
future increment of rent, bo more thoroughly disliked Of 
more fiercely resisted than by these artisan proprietors. Thsf 
have toiled and pinched to become entire and absolute owneiii 
for better and worse, for now and for ever, and they will not 
lightly relinquish their possessions. Already there is no fizid 
commodity in tliis country more actively dealt in than haL 
It can be bought in almost any quantities, and anywhere, and 
when the process of landed titles is simplified — as simplified 
it must and will be, if by no other party then by the landowner! 
themselves, in their own interest — real estate in England 
will be transferred backwards and forwards as easily as in 
Hamburgh. Mr. Mill has mentioned 30,000 as representina 
about the number of persons owning the cultivated surfiuse a 
England. This figure is a curious instance of the oarelesi 
reading of the Census tables. Instead of any such figure 
as 30,000 representing the number of persons who are directly 
interested in the ownership of lands, houses, mines, and 
minerals in England, I beheve that twenty or thirty tin^i 
30,000 would be within the truth ; and considering the giON 
misconceptions and prejudices which arc diffused among even 
intelligent people on the subject of land, and its possession byi 
supposed small class, it would probably be a wise measnye 
to have the facts ascertained by a Itoyal Commission, which 
might also report on tlic extent and capabilities of the Waste 
lands of the island — as for example, how far convict or pauper 
labour could bo systematically, and over a long term of yean, 
applied to the reclamation of Exmoor and Dartmoor and con- 
siderable areas of tidal land, recoverable from the sea. 

The plea of urgency put forward by the land reformers is 
the pressure of Taxation, a pressure to be relieved acGording 
to their philosophy by the kind of universal land and house 
agency carried on by State functionaries, which I have jost 
examined. In a country where 70 millions sterlins of n- 
vcnuc is raised, the critics of taxation can never lack in 
audience. But everything is relative, and the effect of i 
burden depends far less on its own weight, than on the strenffdi 
which supports it. Seventy millions with our present popula- 
tion and wealth exerts far less pressure than did 40 miuiops 
thirty years ago. The period of most severe and crushing 
taxation in this country was the twenty years from 1815 to 
1835. We were then slowly recovering from the exhaustion of 



fly Wiliiam Netemarch, P.R.S. 127 

[reat war, and not only were tlie taxes searohiiig and heavy, 
^ihey were adjuBted on false and destructive priuciples, 
Ition 19 not now oar chief difficulty, it la almoat our least, 
ember tliat the asaessmcDts on malt, apirits, wtne, and 
(CO, biing in 3 1 millions out of the seventy, or nearly half ; 
1*0, eugar, and coffee, contribute at very minute assesa- 
8 pet pound weight, only 7 millions, and that property, in 
form or another, supplies the remaining 32 millions. 

these are the facts is it not obvious that the working 
ea have the remission of taxes wholly in their own powerr 
r own eeif-imposed contributions to the exchequer, in 
tmn of spirits, beer, and tobacco consumed, are many times 
tcr than the duties on tea and suj^ar. Ho palpable is this 
that it is hard to rceist describing nine-tenths of the talk 
i excessive and unfair taxation of the poorer classes as 
ikery and clap-trap. The working clasaea must bear their 
hnd reasonable share of the coat of upholding the inatitn- 
, security, and honour of the country. Beyond all others, 

have most direct intereat in the maintenance of that 
ict security of person and property which lies at the very 
of all our ndvantBgcs and progress. France is an example 
liat political and social insecurity means for the labouring 
■ of the nation. Itich people can get away, but poor 

Ke cannot, and must bear the brunt of famine, sword, and 
e occupation. 

Lowe's fli)eech of 2nd June last, in reply to a motion by 
White, pointing to a further reduction of the duties of 
[fid sugar, was not a whit too distinct and positive. 

t am come," he saiJ, " to the alternative suggested, that in pre- 
M to paying ofl' tbe National Debt we shoulU reduce the duties 
lidos consumed by the poor, such as tea, sugar, coffee, cocoa, but 
obacco. The hon. gentleman lalked of the severe pressure upon 
of having the necegsarlea of liro taxed, but the exprcacioD, 
__ rio« of life,' is a mere affair of words, Oue portion of 
!ty considers as Dccessaries of life articles wbich auother portion 
■aol think ^a. I do not, object to iLe lion, gentleman calling tea 
tpgu: necessaries of life, but tbe more calling tbem eo does not 

1 Uiein BO in the sense used in taxation. What is meant in refe- 
I to taxation by the ptiraac, ' uecessariea of life,' is the tbiugs 
ted for the support of life. Tbe Ehilling duty on corn amounted 
rax, in regard to wheat and ihe cereals eutering into the compo- 

of bread, of 2^ per ceat, on the bread of tbe poor, and when 
lear so much of the bardflhip of a 2J per eent. ioeomo tax, it 
n be thought an unworthy act to have taken off a 2^ per cent, 
n com, which was, in ttio strictest sense, a tax on the noces- 
iM iif^ Tbe hon. geutlemui considei's that the duties ou t«a 



1 28 Address on Economy and Trade. 

and sugar sliould be taken off altof^tlicr, as being necessaries of life, 
but tbut the poor should continue to pay the duties on sdmulants wdA 
tobucco. Such a course of proceeding would be tantamonia to 
declaring that those of the working men who had no taste, or bot 
little taste for stimulants, should pay no taxes, or be but ligbtlj 
taxed. Nothing could be more dangerous than such a doctrine. As 
the electoral suilrage is now settled, the householders of the conntiy 
have an influential voice in electing those who ore to make laws for 
the country, and if it were made optional for them only to be taxed 
according as they consumed certain luxuries, the effect would be that 
you would have one set of persons empowered to impose taxes, wUk 
another set of persons would have to pay them. The poorer classes' 
would tax the rich, while they themselves would be free from the 
burden of taxation. A rich inhabitant of New York once com- 
plained of the course pursued by the people in electing persons tito 
spent millions of the money of the city without having anything to 
show for it, and added that if honest persons were elected the money 
would be more beneficially expended. The person addressed 
replied — ' What is it to us ? It is y<^u who pay and not we.' The 
same would be the case here if the proposition of the Hon. member 
bhould be adopted, for then a privileged class would be erected, and 
you would lose the only satisfactory check on the mode of imposiog 
taxation. 

'^ The adoption of such a proposition would also have a prejudicial 
effect on the capital and resources of the country, to an extent thit 
can scarcely be conceived. If you are going to destroy all Indireet 
taxation, where are the resources to come from to enable you to meet 
the requisite payments on account of the debt, and to provide for the 
necessary cxi)enditure of the country. It would hardly be possible 
to have a revenue sufficiently elastic to meet the burden of the public 
necessities. The debt would remain, but the sources from which it 
is paid would be exhausted. If the tea and sugar duties tre 
abolished, tlio result will bo that whenever any great demand has to 
be made on the resources of the country, it must bo made by Direct 
taxation, and up to a point so oppressive as to render it even a 
greater evil to the poorer classes than if they hud to pay a cartaio 
portion of the amount required. If you try to carry direct taxatioa 
beyond certain limits, capital will make itself wings and fly away." 

Mr. Lowe's just and fitting afHrmation of the necessity of 
maintaining Indirect taxation as a constant and considerable 
integer in our ways and means, suggests a reference to the 
conclusions arrived at after lon^ inquiry by the New York 
Commission^ under Mr. David W ells^ regarding the attempt* 
made in the United States to tax the capitals composing Per- 
sonal property — ^oods, furniture^ stock-in-trade^ flocks^ herds, 
ships, bonds, bills, warrants, securities, and the like — in a 
Direct form. In the most emphatic manner the Conunissionen 
condemn the attempt as futile and mischievous — as leading to 



a aitd grotesque tailuri.', oo » reeource of revoDue—anil 
lucing; wi amount of decoit and false sn'earing beyond 
tiou. Here ia oite of a host of ia^tancea: — 

{Dint committee oftlie Ifgiakture beld asesslon in New York, 
atniued luto the mnniicr and mode of ttCc nssefstneut of pro- 
[d that city. They iiscertained that only ftbout eixteen 
tcrliuj; of cnpitnl of peninnal property was [Jaced upon the 
It of the entire city. Tlie commiiteo inqiiireil of those who 
pforu tliem-^nnd thoy wore gentlemen of great intelligence 
nnesB csjiocity. one of them of tha Jirm of Brown, Brotliors, 
i-if they thought tlutt one-third of the personal property of 
prk City was placed on the aiseasnient roll. This gentlotnau 
U his actjuiiiiitauoo was limited compurcd with sonm mlier 
leo, but lie halieved ho knew pcri;(kns witliiii hia own small 

Eloue owning ug tnauli personal property as the whole six- 
III^DS. Another wituca.*, IMr. I'it^rre point, of New York, 
iBtho could tiatne in the State thirty men whose aggregate 
wna forty millions sterling, or five miilimis sterling in excess 
olHciiU valuation of all the personnl property of the entire 

'[ynietieal result of the iaqnirieB of the CommUaion, and 
ecunmendations which they unanimously and Btrongly 

Kthat all attempts lo tikx directly the capitals i^preseut- 
_.WMial estate be abandoned as futile aiid demoralising ; 
ii the American legislatures adopt at uiice the Euglish 
^le of taklug tbe rental of bouses and occupied buildings 
best unit for direct assu^meut, and as the most certain 
ti> the value of the personal estates of the ownera or 
^^TB. It i» no small advantage to have the beneEt of 
eeult in such a quarter at a time when we seem likely 
'put forward proposals for amending our Ijocal taxation 
»ing personal property into the schedules. 
imjMresiblc to Bay how far the frauds and chicanery of 
vetiue^ystem may have helped (o degrade Amencan 
pinion to a point so low that, for one year after another, 
Seen possible for the Ttimniany Oacg to hold the govern- 
i£ N«w York City, and to curry it on with barefaced 
f.oud corruptjon-r— for a small knot of gamblers to con- 
tho tra«le ot the entire Union by the notorious Gold 
"^ rig" of ftieptomber, \>>W — ov, still further, for Fisk and 
to keep pussee^iou of the Erie Knilway lor a term of 
4itaijUiun an opera house and ballet out of the proceeds, 
» us many bonds and shares as they think proper — and to 
deiisace native and foreign creditors and sriareholders, 
\ tbe Slate CuuiU into tbe bargain. If brigandage like 
I^Jjj^c^cied on as aa iostituUon in settled eocieties our 



130 Address on Economy aihi Trade. 

functions in this section are at an end. Political eoonoi 
supposes swift and equal justice, and emphatically the flc 
dign punishment of swindlers, cheats and malefaotota. 
the office of the judge fails, still more if the judge hima 
becomes an accomplice with the thief, it is a mockery in so 
a country to talk of material and moral progress. The fan 
dations are gone, the whole edifice is rotten, and the cati 
trophe will in its own time come. Coleridge sud on 
memorable occasion, ^^If I was a clergyman in a Goru 
parish where wrecking was practised, I should leave all oth 
topics to take care of themselves, and do nothing but preas 
teach, and punish till wrecking was put a stop to." Ho 
many people are there in the United States who will follow 
like course against the culprits who have organized the 
robberies — against the judges who aid and abet them--v 
against the vicious institutions which permit such men to I 
magistrates, to caricature the office, and grow rapidly ai 
complacently rich on bribes and ben^actions. 

There is another special topic, and it is the last to be n 
ferred to. It is a topic, also, ui)on which it is probable that n 
views may not be those of tne more numerous part of ■ 
audience, I mean the Commercial Treaty of 1860 betwtc 
France and this country. For revenue and other purpoa 
France is now wisely or unwisely desirous of altering manji 
the rates of duty stipulated by that treaty, and finds heM 
in the dilemma ot having to negotiate with a foreign power i 
a purely domestic question. England, if so minded, can for 
year prevent France making fiscal changes, rendered necesm 
to French finance, say the French Government, by the eflbe 
of the German war. The position is harassing and unnatim 
and strongly illustrates the force of one of the objeetiona I 
all commercial treaties, namely, the possibility that under thei 
a country may cease to have full control over its own domeiti 
afiairs, and may be compelled to ask the permission of a foreig 
power before it can settle its own budget. Any trade subject I 
such contingencies is artificial and casual. In April, 1870, tl 
Manchester Chamber of Commerce sent to Messrs* DolUi 
Mieg, & Co., of Mulhouse, a remarkable reply to inquiiw 
made by them relative to the effect of the French Treaty on tli 
Cotton trade. The French manufacturere were under the io 
pression that the treaty had conferred immense benefits o 
Lancashire, but the Manchester Chamber told them a top 
difierent story. They said : — 

" We send yon returns, which show how very iitde the coniBlioi 



WMMemA, FM-S. 



131 



he Ooftoa trade from 1860 to 1869 has been amdiorated by any 

ftrcoarse resultmg from the French Treaty. Although oor Board 

idf Timije returoB show a considerable increase in the export of cotton 

pwda to Frnnue since 1860, it should be borne in mind that Ibe 

tgmea include reliirns of goods and raw cotton in traniitu, and, nn- 

kthia be iiodenlood, the figures misleaJ, since we have no return 

^B Curried to France solely tor liome consumption there." 



te same reault will be found in other large industries. To 
Uorer extent the arrangement of 1860 may have enlarged 
k between France an<] England, the reenlt ia wholly dtie 

the Free Trade principle of removing or reducing duties. 

Bttpposing this removal or reduction to have been adopted, 

pure and simple, either by one or both the countries, every 

possible advantage ivould have been secured without any 

tiutty At all. In I860, we could afford to reduce our customs' 

duties on French wines, brandies, silks, and bronzes ; and if 

we had done ao without any reference whatever to the French 

Government, and without troubling ourselves to en<iuire 

vbethor they proposed to alter even a single item in their 

taritf, results the same as, or better than, tlioao which have 

happened under the Treaty would have flowed from the simple 

i '.' reform. The lessened duties would have led to 

j'ortfl of French goods, and, as tt is pretty certain 

f'rencb merchants would not make us a present of 

-- _, Is, payment would Iibyc been made, by fair orcontra- 

Liiid means, either to France itself or to some country to which 

France was in debt. It is the essence of free trade that 

tooh country shall go on as fast as possible, reducing and sim- 

piiiyinjr its own tariff, without troubling itself about the tariff 

oi other States ; and for the aufticient reason that low duties 

infallibly bring more imports — (hat the benefit of foreign trade 

coDfiisIs in the imports — tliat ia in what we receive, not in 

wimt we send away — and that on very obvious principles of 

(iijinau nature, if we take care of the imports the exports will 

'* care of themselves. These are the doctrines of tlie 

IpoB Merchants' Petition of 1820: and these are the prin- 

B which governed our policy from ]>i45 to 18i)0, a period 

Bg wbicli our commerce underwent rapid expansion, not- 

iutanding the tardy steps with which foreign States 

pwea our free trade example. I held this language in 

") wbOD the Treaty was first propounded amidst popular 

boae. I hold it now — and there is no great hazard in the 

. pcdiction that, before very long we shall wholly cease to trouble 

ouraelyeB with commercial treaties, and revert to the simple 

^l"J''"ir f)i Adam Smith and Thomas Tooke, and to the 

9-2 



branches of knowledge at whicH, by general consent^ 
confessed that only in pursuance of special methods and. 
ciples^ can certain conclusions, essential to human welfa 
ascertained and applied ; and in pursuance of this confc 
Political Economy has become one chapter in that grei 
growing canon of observation and induction, by mei 
which mankind are beginning to understand a little € 
wonderful universe around them. I say one chapl 
the great book, because year by year the chapters and 
ftions multiply^ and while moro accurate knowledge n 
every line sharper and plainer, it also shows us, with 
increasing light, how close is the kinship and hai 
between every part of physical, economical, and 
phenomena. The essential difficulty of economic stud 
that they stand midway between that which is ph 
and mathematical, and therefore rigid and exact; anc 
which is political and moral, and therefore fluctuating ai 
exact, because influenced by human prejudices and pai 
The economist investigates chiefly the results produced \ 
universal motives of self-interest, by the desire of mank: 
avoid labour and pain, and enjoy case and comfort ; and 
his sure scientific platform. But self-interest, unlike gi 
tion, or chemical properties, is not a constant quantity, 
always present, but not in the same force ; it points a 
towards one direction, but not necessarily in a straight 
The economist, therefore, has to correct ms chart much 
sailor corrects his compass. Both observers arc certaii 
tlie chief indicator upon which they relv cannot be wroDj 
in the use of it safety or destruction will depend, on the 
rate or careless way in which the deviations it is subject 
allowed for ; and nothing but proof and experiment can j 
confidence in the calculated corrections. 

It is one of our advantages in this island that we ai 
likely to undervalue the national and individual sti 
conferred by a sound economical condition. National 
means industry and intelligence placed under the fitt^ 
ditions for the production and distribution of wealth-r-it 
a State wise enough to take as few taxes as possible 
those few with the least detriment to its subjects — and it 



Sff WtSwim Ifkrmarfli, F.R.S. 



133 ' 



Re fortune ample for every piupos 



of national indepen- 
, generosity, and honour ; and for the encouragement of 
fsnits which add to ihe dignity, brightness, and useful- 
E human life. Individually, it means the avoidance of 
y and parsimony, and scope and occasion for the hlossom- 

tlie robust virtues which find their eustenanco in trutii, 
pity, and freedom. As education overtakes the ignorant 
, this process of appreciation will act with s vast force, 
ill produce like reaulti^. We already witness some 
JiitB of these results in the quickness and decision with 
the public mind apprehends and disposes of new cventis 
iiestions, separates the shadowy from the real, the de- 
[ and dead past from the liviog and movinff preKcut. 

have also in this country two other advantaffcs — first 
ic we have thoroughly and for ever cast aside ail notions 
tected classes and protected trades. We are prepared to 
rith facts in their naked form, and free from artificial 
K, and to siuk or swim as free competition and inter- 

with all the world may determine. And, second, we 
Jive with sacred care the precious instinct of oiir fore- 
I in favour of equal laws, administered with a vigour 
Ktice which compels high and low to obey and fear 

So long as this public polity prevails among us, we 
t depart far from a sound economical condition. Thn 
hi communities fell to nieces, because, with them, labour 
Sther free nor honourable — the modern communities will 
id nourish in the degree in which tlie workiof; classes 
iind feel that the State throws open to its Immblest 
t, without let or hindrance, the path to every distinction, 
to chances of every prize, I 

t a misuse of words, therefore, to describe England aa ' 
i country. A country is not old by reason of lapse of 
nit by the decay of courage, intelligence, and virtue. The 
of our institutions may reach back into early centuries, 
' the spirit and energy of them live, they will see the 
r many experiments more recent and boastful : and it is 
\e in ihia country the only traces of age are the wisdom, 
itience, and the resources which experience alono can 
that we look with confidence to a future time when the 
Inheritance of knowledge and freedom, held by ourselves, 
lave grown into a yet fairer and more commanding 

and the masculine ton^ueof Shakespeare, Newton, and 

Smitii be the olassica! language of every raoe, from 
ilie vorld receives laws and enlightenment. 



134 



^hhtii 



or 

GEORGE WOODYATT HASTINGS, M.L, 

Barrister-at-Law, 
President of the Council. 



IT has been my cndeavourj In discharging tho annual dutj 
which devolved upon me from illustrious hands, to bring | 
prominently before your notice those questions with whicA, 
the Council of the Association has been chiefly OGCupL^ 
during tho past year. At our Newcastle Congress much wm 
necessarily said on the subject of education ; the same gr€|U 
topic was last night urged upon you by our President, withioi-, 
the personal weight which his long public devotion to tl^ 
cause of national education must give. There is no intentioii 
of taking you this morning over the same well-trodden ground; 
my wish had been to beg your attention at once to other 
topics, but circumstances compel a different course. The deep 
interest which this Association has taken in the advancement 
of education, the influence it has exerted over reoent legisla- 
tion, and the duty which it owes to the people in their higfaeit 
cause, wiU excuse a few words on matters which are to me, sa 
Chairman of a school board, within my immediate cognisanoef 
I was asked the other day, by a young lady, whether school 
boards were not very dreadful tmngs ? Possibly sonie siuk 
doubt as to the orthodoxy of the institution pervades a con*, 
siderable class^ but it is to bo hoped that before another yW 
has passed away the results obtained in improved edujMe-. 
tion, more adequate provision for teaching, omidren resbu^d 
from the streets, and parents brought to a sense of their dt^«. 
will dissipate this prejudice. When we met last year greatf 
perhaps too sanguine, expectations were entertained of the 
immediate effects that were to follow the dection of ik^ 



AfMrm* h*/ Oto>^ Wmhfatt Ilaitingi. 135 

A proporttonnte disappointment is likely to ensue, 
jostice Blioald be done to thoec engaged in the work. It 
i« that a few of the boards, or, to apeak more accurately, 
members of a few boards, have exhibited a dispositiou to 
ric, which hnrdly bodea well for practical administration. 
, taken aa a whole over the country, it may be doubted 
HLer tliere haa been luore talk than has been necessary 
lear the field of obstroctione to future action. There 
howerer, boards whose members biive not talked, but 
aet thcmsclvca down simply and earnestly to do the 
J which they were elected to perform. Surely those who 
BO might fairly expect that no dbstacle would be thrown 
'leir way; surely those who looked forward with hope to 
rwultfl of the Elementary Education Act never aulici- 
that any oflicial barrier would be raiacd against the 
96 of the work, 

ow, I will tell you a fact. Tho Worcester School Board 
' its first meeting on February 1 6 last, and after electing 
necessary officers, and transacting other preliminary 
icw, it proceeded to its duties under the Act, first to 
tain the existing educational provision for the city, and 
Idly to supply the deficiencv found to exist. I have the 
*f to be Chairmnn of the board, and can testify to the 
Irhich has animated its members. For six months there 
not a single absentee from any meeting, and though the 
d contains representatives of various politicnl and reliirioua 
19, no partisan discnasion has ever taken place. There 
ecti a unanimous desire that, instead of making speeches, 
lOuId do the work entraated to our banda ; and, so far 
M In our jtowcr, that work has been done. After ft 
jl census of the existing schools, and a comparison 
a accommodation they provide with the numbers of 
■en within the school age, we came to the conchiHion 
'a deficiency exists to the amount of 500. After moro 
' One effort to obtain immediate school accommodation to 
( this deficiency, which came to nought through no fault 
Urn, we determined on a plan for providing permanent 
tis for 50O children. We fixed on, and made a pro- 
taX contract for the purchase of, the moat eligible site, 
re believe, in Worcester ; and for thia site we obtained 
Ipproval of the Government School Inspector, after pro- 

ffor its enlargement to meet his recommendation. All 
ad been done by the month of June, and we then sub- 
pd to the Education Pepnvtment of the Privy Council a 

Eetting out the conclusions we had arrived at, 
n which they were baaed, and reqoeeting the 



136 AMresf by (horge Woodyati Hastings^ 

sanction of the Department for our proposed site and pla 
believe that in doin^ this we were ahead of overy school 
in the provinces of England, and it was our confident ex| 
tion that before the time at which I am now addreesiBi] 
we should have completed our purchase, cleared our site 
have been in a fair way to open a board school in the 
part of next year, l^ut from the moment at which the 
ness left our hands we liave experienced nothing but c 
From the beginniii;]^ of June, when our report was deli' 
to the {Secretary of the Education Department^ till the 
of August, we received no answer, save a formal aok 
ledgment. On tho latter date we were favoured with a . 
informing us that the Office was not ])reparcd to gi^ 
opinion on our pr(>|K)sed scheme, but that we were at li 
to proceed with the building of our school under the 
section of the Act. Of course we were. It did not re 
the superior wisdom of a central deiMirtmcut, and the del 
many weeks, to acquaint us with tnc powers which we 
to be vested in our hands. But the fact wa« overlooker! 
though the Act enables school boanls to build at theii 
discretion, tlie money which they require to do so can p 
cally be obtained only by tho sanction of the Privy Coi 
Uur scheme is calculated to cost in execution about 5000 
is impossible with any justice to the ratepayers to raise t 
sum in a single year by precept on the city ; and the bo: 
ing powers under the Act, l)y which payment can be s] 
over fifty years, arc not available till the Education D< 
mont has signified its ap])roval of our scheme. We 
therefore, brought to a stand*still, and after waiting since 
last, can only sec before us a prospect of waiting many m 
longer. 

Now, it does not concern me to inquire with whoa 
blame may rest. Whether it be that the President o 
Privy Council has been doing high service to the State 
3000 miles away, or that the Vice-President has beei 
much occupied in the House of Commons to core for car 
out the measure of his own creation, or to what other < 
our misfortune is due, is very little to the purpose. Th 
remains that when a body of much occupied men, eleet< 
the purpose, have given their unpaid services, and have • 
fioed time and personal interest to carry out the intentk 
the Act, the officials of the Department which is charged 
the measure cannot find a dozen hours for tlieir share o 
Jabour. What a commentary on the homilies we so 
read as to the defaults of local government and the nw 
central control* And what a prospect for the ecoras of 



Pmid«nt of tie Cmneil, 137 

ivho sre, I may presume, busied in tlic prepara- 
p schemes, of whom we are only the Hrat victims, 
ke we hare gODe ahead of the rest! This Aeeoaiatioa, I 
L taoDot fail to be interested in the due execution of the 
mnd I comincmi to your deliberate notice the fact that 
tional provision for 500 children, now morally destitute, 
fecn maeSnitcIy postponed, after the Worcester Boaid 
one its duty, by ihe Educatiou Department of the Privy 
(U. 

fling to the subject of Public Health, I may observe that 
fauts aliDuld constitute a useful warning a;^ainst any 
Eto Srubject our sanitary administration to the close 
of a central office. The Act paesed during last session 
kinp name, aa it was meant to have. But what if a 
I' Ooremment Board means the preservalion of local 
timeut ID name, and its abolition in practice ? This may 
k the object aimed at. but it is the nlttmate mischief to 
inidod. It is, I think, unfortunate that this portion ot 
leommeudations of the late Sanitary Commission has been 
|d by the Legislature before the rest have been adc- 
iy considered ; for the whole scheme, in a great degree, 
HJtojretlier. Those recommendations were embodied in 
Ul that has been laid before Parliament by Sir Charles 
(tiey, and they have been commented on at length in a 
llMtely issued by our Council. I beg for that document 
ttention it deserves from our members ; it was moiuly 
red by Dr. Kumsey, whose opinion on health questions, 
hklly oo all relating to the due organization of a ^-anitary 
W, is probably more weighty than that of any other 
In the kingdom. It reviews at length the recommen- 
IB of the lioyal Sanitary Commission, and enters into 
p detat) on questions which I can only cursorily bring 
Cyou. I will, however, ask you to bear with me for a 
Iknace in reference to one or two leading points. Let 
fion doing so, bear willing witness to the value of the 
binitary Commie«ion. We may feel a legitimate interest 
Lork, tor it was in compliance with a request urged by 
■totioD from our Council in the spring of 1868 that the 
nssion waa issued by the Crown. A deep debt of grati- 
|| dae to its members, and specially to it* Chairman, Sir 
ps Add«rley, for the vast labour with which they have 
Iblated evidence of high value, and for their learned, 
b]d most suggestive report. It is at once a reward and 
ftfication of the pertinacity with which onr Council, in 
ftction with a sister society, the Britieh Medical Asso- 
' ; for an authorized inquiry into the defects of 



bfWriit fo 




138 Address by Oiorg$ Woad^ HditinffSy 

our Banitary laws and adminiBtration, that the Oo m miwha 
has put on record a series of facts and opinions which w9 
absolutely compel legislation. But it will be admitted that U 
we are to consolidate our law and remodel our admuiistiatum' 
as to health matters, it were well to do so in the best possiUe 
way. 

Now, at the bottom of this whole subject, lies the questioQi 
what is to be the area, or, as it has been the fashion lately to 
call it, the unit of sanitary administration ? Is it to be the 
parish, or the union, or the county, or some still larger 
district? This is not^ as might at first sight appear, « 
question of convenience merely, but one of principle, one 
which, decide it how you will, must affect the whole eenw 
plcxion of future legislation. It will be admitted, at onee, 
that ancient prejudice, not to be disregarded without rearan, 
is in favour of small areas of local government. But in thii 
case, there is reason to set aside the wisdom of our fatherii 
because the great innovator. Time, has swept away the stats 
of things on which their ideas were founded. In old dayi, 
local administration was limited as much as possible to a smtdl 
space, on account of the difKculty of locomotion. When the 
roads were so im))asaable in winter, that it took a day to perform 
a journey of a few miles, it was obvious that the more work 
could be done within the boundaries of the parish the better. 
The creation of turnpike roads in the latter half of the lastceiH 
tury, and the subsequent improvement of parish highways, made 
such an administration as that of the Poor-Law Unions a 
possibility. But, at the ])resent time, the general introduction 
of railways, even in remote districts, has made the access to 
our county towns an attair of an hour or two. Probably, it 
is now as easy to collect the necessary attendants at quarter- 
sessions and assizes, from all parts of a shire, as it was formerly 
to gather the rate-payers of an average*sized parish in thmr 
vestry-room. Increased facility of locomotion has enabled iii 
to use enlarged areas of administration, with all their ad^ 
vantages of greater economy in time, money, and efficiency, 
just as easily and conveniently as we formerly used smul. 
When, therefore, Mr. Goschen, in his bill of last session, 
proposed to establish the parish as the unit of local govern- 
ment for the future, he created nearly as much astonishment 
as if he had asked us to revert to stage coaches in lien of the 
rail. His project was the more remarkable inasmuch as, when 
he framed his bill, the report of the Royal Sanitary Commission, 
based on information from his own office, was already in 
preparation, recommending the union as the primary area of 
administration. But it will be admitted that the same argn^ 



ta which tell against the purialt apply, tliough no doubt 
I (timiuished force, to tbe union. It the union be better 
I the parish, ia not the county better than the union? 
I Sanitary Coramiasiouers do not think bid, but I confess to 
H oaarched their report in vain for any solid reason in 
port of their decision. It secma to me a halting between 
^ opinions, and one, consequently, which on appeal to 
Itoiple cannot he sustained. The question involves the 
Uuental reasoning of the science of society. If, in tbe 
uUation of communities, it is desirablo to vest the primary 
' m» of seK-govemment uniformly in tlie smaliest possible 
jatiou of individuals, that is one ihin^; but such a 
ciple would compel the adoption of the parish as the unit 
'ministration. If, on the other hand, it is believed that 
tabliahment of the area whiah gives us the maximum of 
wncy, economy, and convenience, ia the true nde for 
tUtion, then I venture to believe that the Poor-Law 
on must stand condeumed. 

■et us ooosider what nre the advnnta^es which large ftreaa 

lesa in comparlsun with small, specially in sanitary matters, 

I then we can judge whether the union comes up to the 

Tbe first advnntage is in the kind of men who are 

J to serve on their governing bodies. It ia verj' well to 

)rt men of standing and intellect on the duty of serving in 

lU yestrios, and such like bodies; they admit the obli- 

on, but, in nine cases out of tun, declino to fulfil it. 

tun nature, as a rule, requires some reward for labour, 

,tiiOSe who give their unpaid services to the public desiro 

eralljr to be recompensed In one of two ways: the vulgar 

■eik social position, an<l the high-minded aim at moral in- 

&IUICC. The secret of the great position occupied by the 

r Hquso of Commons in this country, tar beyond its legal claim. 

mAs immenas power it exerts as representative of the nation, 

^Bjiaperiol questions it discusses, and the certainty that no 

^B|. <=ftn be prominent in its ranks without possessing ex- 

l^tional gifts of ability or character. The principle applies 

h lees degree to other governing bodies. Take, for instance* 

the iSchool Board of the metropolis. If the original intention 

'if the Act had been carried into elTect, and a separate board 

been instituted for every district in London, would you have 

bid the same class of men who were glad to come forward as 

candidates for a body controlling tlie education of three 

millions of people? The happy suggestion of Mr. Torrens 

W proved what may be done to elevate administration by 

th« eulajgement of local constituencies, and he deeervea well 

U the whole country for compelliog tbe adoption of this 



140 Address h/ George Woodyatt Hasttnffs, 

admirable example. Let us take care that it iB followed h 
sanitary matters. Let us judge for ourselves^ and make dte 
public understand, what must be the difference in all m 
qualities that go to make government efficient and puitf, 
between the men who will serve on the thousand and more sniiD 
adniinistralivc bodies it is proposed to constitute, and thoia 
who will compose the fifty or sixty assemblies regulating Aft 
counties of England. 

The second advantage presented by large areas is lik 
superior class of officials they are able to obtain. The widflt 
the area the more important the work, and the hij^her fti 
salary. Ambition and emolument alike attract to them tb 
best men. In sanitary organization this is of peculiar impon- 
ancc, for success depends chiefly on the qualities of the hedtk 
officer. Our (vouncil have already published an earnest pn^ 
test, which on their behalf I here repeat, against the idea of 
the Commissioners that duties requiring for their beneficSll 
exercise much tact, prudence, matured judgment, and lanJB 
experience, can, as a general rule, be safely entrusted to & 
inexperience of " young men entering on practice," by whon 
they would be discharged *' only so long as they were accen^ 
able, and then resigned to younger men, fresh from m 
schools."' Such a proposition seems to imply a misconceptioili 
or rather a want of C()ncei)tion, as to the great science or pre- 
ventive medicine, which, for the adequate mastery of its wide 
principles and multifarious details, requires the devotion of i 
life. An officer of health should be paid such a salary as wiD 
secure the services of trained intellect and high character; 
and, being thus remunerated, he should be rigorously debaned 
from private practice, not only that he may devote his whole 
time to the functi(ms of his office, but that he may be free 
from personal influence in performing his duty. Such aa 
officer can be obtained by counties, but seldom or never bf 
unions. Tlio rateable area of a county, supplemented as it 
would be by boroughs, which would unite witn it for sanituy, 
as they do now for gaol and police purposes, can suat^n a eort 
under which the union must break down. It is urged, indeed, 
that every union has a medical officer, and it is proposed to 
place the sanitary welfare of the countrv in his nanos. We 
protest against such a system. No one has a hiffher sense of 
the services and merits of a body of men. BignaUy undenaU 
for their work, denied the social recognition of enrolling tteni 
in the civil service of the Crown, and struggling manfmlji m 
the great majority of cases, though beset with diflSoohies, to 
do their duty to the poor. But I cannot believe that these 
meritorious ofi^cials ])08sess the qualifications necessary fos^ 



Fftti'Unt o/Oie Conmil. 

|iy work. It ia no blame to them th&t tliey Uavo not 
nuned for duties which require, aa our late coUeaguei i 
^monOe, of Bristol, pointed out, very iliff'ereot acfiuire- 

irom those which are successful in the treatment of sick- 
por id it easy to eeo how profeeaionul men, whose time 
iiergies are absorbed iu daily toil, are to (qualify them- 
i,hy that •' study of all sanitary nueatioiia" which the 
liesionera recommend as desirable for inodicnl officers of 
|. Granting them even the necessary qualifications, 
Poor-Law practitioners are under the grave disability of 
e practice. On that important point I will content my- 
rith <tuotiog from a valuable minute issued by the 
ral Board of Health, dated December 20, 1855. and 
1 by the Right Hon. William Cowper, President of the 
|. The minute deals with the duties and qualifications 
pedical officer of health, and Bays : — " It will be well to 
; him from the private practice of his profession ; first. 
«e the claims of such practice would be constantly adverse 
»e of his public appointment, the duties of which (eape- 

at tJie times ot epidemic disease, when his official 
ty would be most needed) private practice could scarcely 
i interrupt and embarrass; secondly, because the personal 
ptu of private practice might render it difficult for bim to 
frith impartiality his frequent functions of complainant ; 
^Uy. because, with a view to the cordial good-will and 
eration of his medical brethren, it is of paramount import- 
that the officer of health should not he their rival in 
[cc, aud that his opportunities of admonitory intercourse 
ticlc families should not even be liable to abuse for the 
leies of professional competition." Now, if this reasoniug 
pad, and much evidence has been collected both in our 
lountry and on the Contlnont in its support, it follows 
he poor-law practitioners, who depend on private prac- 
ar their livelihood, are not titled for the functions of 
I officers. But I would not be supposed to argue that 
may not be usefully employed in our sanitary organlza- 
; T believe, ou the contrai"y, that they could render 
|)le ud as subordinates, with some small increase to their 
[it meagre remuneration, under a highly-trained superior, 
M a pounty administration would supply, 
e tlurd advantage derived from the adoption of large 
of ad uiinist ration would be the diminution of conflicting 
litres, apd of the delays and difficulties incident to the 
ipg put pf joint works. It must be remembered that 
^uodaries of Poor-Law Unions were never adjusted with 
sanitary purposes, and would frequently be found 




142 Addr$88 hy George WoodyM Baetrngij 

fiingalarly ill-adapted for snch works as drainage and 
supply. It would be difficult to overrate the obstacles 
adequate administration which will be raised bj the mnlt} 
of sanitary districts advocated by the Commissioners. l! 
I believe their scheme could never work except undc 
condition, viz. — that local government should be grani 
form and denied in reality; that the central ofloce f 
interfere in every detail, and be absolute over all auti 
If such be the object, the plan proposed is logical en 
small areas can be easily '^managed," and small men r 
coerced ; important bodies, on the other hand, are apt t 
their own. The question rests with the countrv. Cent 
lion is not popular, and it can hardly be made so by c 
the machine of dictation a ^^ Local Government Boar^" 
The true remedy for this and other perils is to mail 
government of counties more extensive and complete, 
objected that the present system is not representative 
though this is not accurate, since the governing assembli 
really representative of their districts in the highest sei 
the wora, yet the time has probably come when an el 
element should be introduced into the administration, 
is most needed is that this should be done with the leas 
sible disturbance of existing good. I believe that a far I 
plan than the creation of new '^boards" would be found i 
restoration, under forms adapted to modern life, of the ai 
county court. That tribunal, which came down to us, 
other nations of Europe, from those masters of organi: 
and government, the liomans of old, used to administ< 
only the civil and criminal justice but the finance and ^ 
ment of every county. No one would propose to revive 
its antique fashion, when every freeholder attended its coi 
but a system of representation, fairlv divided between tl 
isting authority, the justices, and tne local taxpayers^ : 
reassume all or most of its former powers. Such a body i 
be trusted to levy taxation on a moro equitable basis thi 

E resent rude injustice of mulcting one kind of property fi 
enefit of all. It would take the charge oi all roads 
would probably absorb the functions of the smaller bon 
It would administer the sanitary laws, through com] 
officials, over an extent of territory adequate to their dn< 
cution, and with an authority which no extraneous office i 
venture to impugn. Such a body mieht well relieve th 
perial Parliament of a portion of that local bill business^ 
as gas and water supply, which now weighs down its ene 
and in Ireland it would remove all legitimate grounc 
^^Horne Rule" agitation. More than all^ such bodies i 



Preaidmt of the Coujidl. 143 

.lapa be the best guarantee that the wit of man could 

. iit for the perpetual preservation of liberties which may 

F«t be enilaugered bj anarchy. It is remarkable that the one 

nuntry in Europe which has preserved in its entirety the 

Micient county organization is the one whose constitutional 

taedom Las survived more disaj^ters than any other. The 

Bfery of the kingdom of Hungary, too little known to English- 

Bi. oeara record of three periods when parliamentary govern- 

wSat was submerged by war and despotiem ; and on each 

MxssioQ it rose triumphant from the Hood, because the national 

IDititutiona were founded on local liberties which could not be 

noted up. England has probably nothing to fear from indi- 

Ual tyranny ; hut unless the signs of the times mislead us, 

n is much to be dreaded in the future from the despotism 

^e mob. The avowed aim of the revolution now meditated 

,the fanatics of disorder is to crush out individual freedom 

Buch aia to abolish proprietary rights. The best bulwark 

"thbI such a foe will be found in the power and stability that 

native to local institutions. The brawlings and corruption 

^qualified democracy have sickened the world, and sound 

remment. tlie final end of all legislation, is to be found only 

V property and education have weighted the scale in favour 

der and honesty. 

have dwelt at some length on this question of sanitary 
nization, not only on acoount of its intrinsic importance, 
$ting, as it does, in so large a degree the material prosperity 
,the people, but also because the report of our special 
nnittee on the subject has occupied much time and labour 
months of tliis year. That document is before the public, 
[may be judged on its own merita, hut 1 could not pass to 
ther topic without acknowledging the services of Br. 
sey and Dr. Stewart. Nor can 1 refrain from expressing 
more the sense entertained, I am sure, by the whole 
tecU of the value of the volumes compiled by the Koyal 
[ttury Conmiisaion. Should the coming legislation go no 
ler than their recommendations, as 1 sincerely trust it 
, a great stride will have been taken in the path of 
tary improvement, lioards of guardians are by no means 
bodies teat adapted to the work, but 1 trust and believe 
f irould effect much, though I wish them the better fortune 
eclusion to their own legitimate and weighty occupation. 
k b needless to say that the work in which they — the 
iidiaas of the poor — are engaged, has formed the subject of 
lanual discussion in the Council. More than one special 
imittee has reported to us at length on different portions of 
^BGBttoa, but it 18 only as to one of them that I shall 



144 Addre&i hj Gicrge Woodtfott Hastingi^ 

venture to ask your attention, that of out-door relief. 1 
the one to which all others are subsidiary, for on its detai 
nation hangs the whole principle of the Poor-Law. Lei 
consider it for a moment in its historical aspect. Our F 
Law system, as is well known, was founded on the Ad 
Elizabeth, and it has occasionally been asserted that 
enactment of the statute was rendered necessary by 
dissolution of monasteries. A more foolish figment was ne 
invented, and it was long since exploded by proof thai 
Spain, where conventual institutions were sedulousiy ] 
served, a similar increase of vagrancy and want was obsei 
at a corresponding date. It was then attempted to exp 
the coincidence by attributing the growtli of pauperism to 
rise in prices caused by the influx of the precious metals \ 
Europe. But it may be observed that no class gains so n 
and loses so little by a fall in the value of money as the wei 
wage class, because their income is the first to rise in ] 
portion to price, and the demand for their labour is the soa 
stimulated by the quickening of enterprise and trade. 
this we have had abundant evidence in the efiects of the j 
discoveries in our own day. It will be much nearer the ti 
to say that a Poor-Law became necessary, not because ma 
teries were abolished, but because they had previously exis 
It was the vicious system of doles and indiscriminate chai 
virtually a system of out-door relief, profusely administt 
by religious foundations in every city and county of the li 
which bred those swarms of ^^ sturdy begears," and crei 
that rush of pauperism which frightened our forefathers 
stringent legislation. The sound principle laid down 
the statute of Elizabeth was that relief was only to 
obtained by equivalent labour, and that industry, not idlen 
was the just object of protection. But as generations weni 
this principle was lamentably neglected, till the poor-rate o 
to be regarded as a fund on which improvidence and huni 
might draw at pleasure. The flood of pauperism rose so 1 
that it threatened to swamp the savings of industry. I hi 
Mr. Barwick Baker say not long since, at one of the co; 
rences of guardians which, to the great advantage of 
public, he originated and still conducts, that in 1831 the r 
of a parish in which his property is situated had risen to \ 
in the 1/. on the actual value of the land. Once more nn 
by the imminence of its peril, the nation gave its assent to 
new Poor-Law system, based on the workhouse test, as 
absolute condition of relief. Had that salutary measure l 
unflinchingly applied, I venture to assert that we should 
have been at tms day debating on llie causes of paoperi 



Presidetit of the CouticiL 



1451 



iriam would have beou crushed out with a stern nnd whole- 1 
baud, aud the industrious and pruvident been relieved 
brden under wliioh eveu the we&lth of Englnnd is ready 
ggcr. But laxity of ailministration haa once more been 
>*\ to prevail, and once more the ilood ig riding round us. 
lOt, M is often most untruly said, that the new Poor-Tiaw 
E failed, but thnt its vital principle has been abandoned. 
r DUunteuaiiee was to bo the rule, out-iloor relief the 
ceplion ; but in many unions the principle has beea \ 
id. i quote from a pamphlet by Captain Dashwood, of 
iD^^ton. Oxfordshire, the figures of tTvo uuioss, which 

to b« placed side by side that guardians may look oa 
nctare and on that, and make choice between them. 
[U, in Shrojjshire, and Woodbridge, in Suffolk, are 
. which differ only slightly in population and character, 
rmer having a little under ifO.OOO, and the latter rather 
ihan 22,000 of agricultm-al inhabitonta. Now, for the 
uding Lady Day, 1860, Atcham paid 1512/. for in-door 
50/. for out-door paupers; Woodbridge 1476/. for in- 
lUd G0991. fur out-door. On January 1, 1869, Atoham 
SO in-door paupers and 125 out-door ; Woodbridge hail 
i-door and 1339 out-door. The proportion of paujiers to 
ition was in Atcham 1 in fiS, in Woodbridge 1 in 15. 
ecuuiary reaulta were that the cost of relief per head of 
ktion was for Atcham, 2s. 3d., for Woodbridge, 6*. 7J(/. 
! pound on the groes estimated rental, 3<^. for Atcham, and 
d. for V\'oodbridge ; per acre, Atcham i^d., Woodbridge 

; and the out relief alone per acre was for Atoham 

id for Woodbridge Is. o^d. These figures may sound 
lut consider what they mean. In the one case property 
iualy burdened, improvidence helped to perpetuate itaelj', 
nation of a herd of paupers, miserable themselves, and 
ig down misery to their children. In the other, in- 

eocouraged, ca|>ital relieved, and the prosperous 
Kee of self-reliance spread among the people. Aud 
tita last result? Why, because under the advice of the 
ar Baldwin Lcighton, chairman of the Atcham Union, 
tor relief had for years been refused with merciful 

pou want an oxample on a wider scale, let me point to 
id. That country was once the breeding-ground of a 
I of paupers. A stern remedy was necessary, antl the 
r-Jjaw administration, as it now exists, was created, 
adini nisi ration had for many years the inestimable ad- 
ge of the guidance of sound political economists— 
teley^ Senior, Macdonnell — men who were clear-sighted 



to 1 in 85 ; but even this hicrher rate, as you will ot 
considerably more favourable than that of Atcham 
nearly six times better than that of Woodbridge. If 
for the first time in her history, can now see a futu 
dustrial prosperity — if those peasants who were " hi 
bondsmen " in a far different sense to that of 0*Coni 
born thralls of improvidence and misery — are now ri 
of their natural and inherited habits, it is mainly owii 
operation of the Irish Poor-Law. 

But then such a system is said to be " hard ; " it 
*' cruel" to compel a man who is out of work or in 
having made no provision in his better days for the e 
to enter the house as the condition of relief. All b 
laws press severely in some individual cases, and i 
bable that a rigid rule of in-door relief may occasiona 
hardly. But we must remember tliat though hard 1 
it is jubt and merciful to the many. It is not har< 
ratepayers who, as the producing part of the commun 
a claim to the first consideration. It is sometimes, 
objected that the taking of a whole family into th 
when a little help, as it is termed, would keep them 
is uneconomical. I should doubt the accuracy of the 
but taking them as true, what if the compulsory entr 
family into the house keeps three others off the rates 
uneconomical? Nor is it really hard on the people th 
who are the subjects of such a rule. It never can 
thing but kindness to force on a man the blessing 
exertion; and all who have administered the Poor-Ls 
know the fatal readiness with which those hoverin 
brink of pauperism believe that they cannot earn a li^ 
the marvellous way in which, if the test be firmly app 
means of subsistence will be found somehow. Nor, a 
it be forgotten that the fewer paupers there are to k 
greater the wage fund to be distributed among inc 
workmen. Every shilling eaten up by the rates is 
Bubstracted from the prosperity of the weekly waj 
Could we do no more than raise all the unions in En 
the level of the highest, an enormous increment to the 



President of tlus Council. H" 

^ 1^ hfliiplness, and scli'respect would ensue. la it any 
'er to BUch facta to fuvoui" ua with a weak drivel on 

Iiere is auother class of llio population who arc a dead 
jht on iudustry, the criminals ; aud this Asaociation has 
tr ceased to direct iU attention to the best means for tha 
teaion of crime. I have dwelt on this subjoct at such 
(tit on former occasions, that X now say nothing more 
1 that the Council has been vi"ilant in regard to it during 
past eeesion, and that it was chiefly owing to our represen- 
TO8 that the " Prevention of Crimea Act, lS7l,"haa passed 
macU more satisfactory shape than was at Grst anticipated. 
system of monthly reporting lo the police, and of a notifi- 
)n of every change of residence, by convicts on license and 
criminals under sentence of supervision, has been estab- 
d, and will no doubt be rigidly enforced. TUs various 
itioDS rel:itiMg to prison discipline and crime will be dis- 
ed at length in our Ileforraatory Section, as a useful 
ade to the International Prison Conference which will 
rable next year in London. The conference was originated 
"be United States of America, aud Dr. Wiues, the Govera- 
it Commissioner from tliat country for the purpose, ia 
ient at this Congress. As President of your Council, I 
■ be permitted to assure him (hat every aid which this 
ecialion can give to the success of tlie undertaking will be 
afully afibrded to himself and hia colleagues. 
n conclusion, let me urge the necessily of cultivating a 
btilic spirit in dealing with social questions. Wanting 
t, we are like a ship adrift at sea without a rudder. Science, 
ch in all the ramifications of its pursuils means the reduc- 
lof knowledge to accurate form, is the peculiar safety of 
! legislator, pushed on as he is by blind impulses, and 
ekied by conflicting interests and the jar of faction. lis 
ic to mankind ie well attested by the virulence it awakes 

S[io$ite quarters. Science is honoured by the hate alike 
lOee who would return lo mcdiicval superstition, and of 
party, not less fanatical, who would submerge civilisation 
I sea of blood. It is, in truth, vituperated by all who find 
reality of facta inconveniently in their way. Thus it is 
fashion of some, as I have shown in regard to the I'oor- 
F, to call political economy hard. They speak of it as if it 
te an active agent in the injuries they sufl'er or fancy. A 
r years ago some London workmen, when warned of the 
«iBdom of their proceedings, replied — "If political economy 

rst us, we will be ngaln^t political economy." As well 
man exclaim, who had fallen from a ladder and broken 
10- 



148 Address ly George Woody att Hastings, 

hi8 leg — "If the law of gravitation be against me, 
against the law of gravitation." Political econom; 
tronomy or chemistry, or any other science, does : 
facts, but expounds them. In that sense political ecoi 
be hard, for it tells us of liard facts, of realities whicl 
can disannul. It is, in truth, chiefly the rules of comi 
and of business experience applied to communities of 
Nothing can prevent individuals who are thoughtf 
dustrious getting the better of the improvident and 
nothing ought to prevent it. Nor can anything 
nation or a society, wise enough to obey the laws of 
their trade, from becoming more prosperous than 1 
hamper the growth of their own success by artificii 
tions. Political economy explains these things, an 
what disasters will follow the defiance of natural p 
but the disasters are not therefore its creation. 
Communist dream that they can abolish the forces o 
tion by substituting an automatic society for individw 
and invention. Do they really believe that the cou 
world can be turned backr— that man can ever ret 
the level of instinct, having tasted the prerogati\ 
will? 

What, can yc lull the winged winds asleep, 
Arrest the rolling world, or chain the deep? • 

The human mind cannot be shackled thus. Wc 
"magnetic mockeries," but spiritual men, and our 
rather towards a more expanded and more tolerant ci 
But to make that progress secure, the idea of indivii 
and equal justice to all must be supreme. 

• Campbell's Pleasures of Hope, 



SELECT PAPERS, 

NOTICES OF PAPEBS, 

DISCUSSIONS, 



ETC., ETC. 




JUBISPEUDENGB 

AND 

AMENDMENT OF THE LAW. 



||M_tjJN 



MUNICIPAL LAW SECTION. 



LEGAL EDUCATION.* 



ttf2>S Ouffhl to he tafxn fo e*liJ>li«h a ffUer S^atfin of Legal 
Education? Bi/W. A. Jevons. 

e Ihcta of ihe coao were not so well Jiuowti it would liavo been 
Dcult to conceive the paasibilJtj of tlio exi^Lin^ and recently 
tate of thiugs, as to the provisions for ills educalioti ol' what is 
one of the leainetl profeseioiiB. I saj l)ie recently pitat slate 
Dgs, because tha attention thut lias of late years been called to 
Itter has led to some partial improvements. 
at wc may, perhaps, call the normal position of legal cdncalion 
ti slate as it existed afttir the luna of Court had cttascd to be 
t of law, nnd before the institution of the Council of Legal 
tiou and the Incorporate il Law Society. There were then in 
etropolis, which bas always been, and necessarily will be, tlie 
■eat of leiiHl study, no public provisions for legal education 
f The Inns of Court were no doubt orig;inally reolly law 
B, and law was there publicly taught by readings and dia- 
ins, though probably not by what we cull lectures. The 
>ua of the Inns as law schools, however, gradually foil into 
t and desuetude, until nt the time I speak of tliero was no 
1 or public teaching of law whatever in the metropolis, 
ister obtained his formal qualification to practise, by ob- 
odmission to one of the Inns of Court, and by keeping a 
number of terms, that is by dining a certain number of times 
h term in the IidII of the Inn. There wns no requirement of 
ind no examination test. The student was supposed to obtain 
lowledge of the law, by becoming the pupil of a practising 
er, and from books. The alloruey or solicitor obtained hia 
. qaolification to practise by the service of an appi'enticesltip of 
to some other attorney or solicitor, and was supposed to I 



* See Transaetiotu, 1S58, p. 122. 



152 Lefjal Education, 

obtain his knowledge of law and practice, by assisting his master ia 
the capacity of a clerk, but there was in his case also no praetied 
test of knowledge. 

There were certain books which it was supposed to be neoeiBirf 
for the student to make himself master of, and which, no doo^ 
were mastered by all Htudents of ability who aspired to make tiiea^ 
selves really acciuaiiited with their profession, but tho list of sink 
books was comparatively small, and with few exceptions they wen 
not framed bo as to attract the student, or to facilitate his acqairing 
tho requiaito knowledge by any scientific treatment, or even by t 
scientific arrangement of the subjects treated of. There was abs 
little or nothing to guide the student in his choice of books. "BlaA- 
stone's Commentaries " was generally understood to be the first book 
to be read, but after that the student was practically left to his own 
selection, or to the advice of friends. The study of books wiB, 
however, regarded rather liS a proper accompaniment of the experi* 
enco to be gained by observation of actual practice, than as a pre- 
paration to enable the student to benefit by the business ho saw. In 
moHt cases the course was simply to throw tho student at once into 
the practical work of the profession, and to let him pick up hii 
knowledge as he went on. In a pleader's chaml)ers the beginner 
had at once laid before him instructions for pleadings, and if in tlie 
hands of a teacher who had the time to do justice to his pupils, wsi 
perhaps referred to the cases which would (if he could understaai 
them) guide him in tho course to be pursued in drawing the plead* 
ings or advising. 

In the Conveyancers and Equity Draftsmen's Chambers the procea 
of legal education was similar. From the greater wealth of our legit 
literature in conveyancing works, and the more technical and scien- 
tific character of our real property law, the pupil of tho conYoyaiieer 
would get more guidance from treatises, than tho pupil of tbe 
common lawyer, or E(piity Draftsman, but the essential character of 
the process of instruction was the same. The ladder of 1ml 
learning had to be mounted not at the bottom but at the top. Tin 
law was to be lcai*ncd in its application to individual cases, before any 
foundation of legal principles was laid, and even so learned, it had to 
be acquired without anything like direct teaching. No doubt law, 
by which I mean law as it exists, the English or any other pedtire 
system of law, may bo so acquired, as has been proved in practice 
and when so acquired is very firmly learned. 

The articled clerk of an attorney was even worse off than the 
pupil of a barrister, and was usually at first occupied in mere copying, 
for the sufficient reason that there was nothing else which he was 
competent to do. lie was probably recommended to read Black8t(Hie*8 
Commentaries, but his master would not have time to direct hie 
reading or to solve his difficulties, and having himself acquired hifl 
knowledge of law in a similar manner he would not recognize that 
any assistance on his part was due to his pupil, nor, if he did 80| was 
he qualified to render it. 



By W. A. Jevone. 

^t I bnt e ttiua attempted to akatch, is the present syGtem at its 
Rt pbiuL. From that lowest and worst Bloge there Los be^n un- 
(edl; some improvement. The Council of Lei^ni Education haa 
. into Gxietenc^, and hns instituteil law leclurea and re&derships 

B iiMisl»nee of students for the Jlar. The Incorporated Law 
ptj of tlie Uuited Kingdom has also bocn formed, and had hy 
^seieljuiQO of logialalion esiablishoJ cxamJnaliona for attorneys, 
itiBs alao eetablished aome courses of lectures for articled clei'lcs. 
I Iectat'«s themsdreB, lioth of the Council of Legal Education 
of the Incorporated Law Society, are, however, not suffioienlJy 
tnoB uor )e there a sufhcient staff of lecturers to present to tho 
Kit anything like a complete curriculum of legal atudj. The 
{«ra ai'e obliged rather to select a few out of tho many Bubjccls 
which a lecture might be useful, tlian to attempt even in iho 
I elementary way, to cover the whole ground of law studies. 

hooka also ore improved, and thero are certainly now many 
ises on vorii^ma branches of the law much better than those 
li were open to the student Iwenly or thirty years ago. 
'ithoui, however, in tho slightest degree, undervaluing the aasist- 

tbat U thus given by lectures and improved books, the result ia 
itiio diata of legal education, such as I have described it, at what 

« sdecttid as the lowest poiut of the scale, is still suhstanlially 
present syetein. Law is still suhstuutially learned by attention to 

1 pnictice. Atleudanco at lectures is purely voluntary, and is 

iaed only by a small minority of the students. As to the Bar, 

arc still no nieaua taken to insure that the teaching, such as it 
I alt«Dded to, as, although ihora is nominally an euLOii nation, 
liwioa to be examined may be dispensed with cither by attending 
tea, or by becoming a pupil of a ban-istor, and in either case 
nt uiy guarantee for real study. 

I to attorneys there is however, apparently, a very complete 
im of examination. A preliminary axomination on general 
irledge, an intermediate examination on law, and a pass examina- 
eu Uw. Tliese examinations are conducted by the Council of 
[jioorporated Law Society, assisted by some of the masters of tho 
imon Law Courts. The council of the Society are taken from 
Bgat tbo leading attorneys. It is a numerous body and the mem- 
tako the position of examinei's in rotation. Even if the present 
niion of lawyers had all hccn educated in a thorough and acion- 
nanner, it is not, however, among tlio senior members of any 

h of the profession, whoso time and thoughts are taken up by 
Bxigeucies of actual practice, that we should rcnlly seek for the 
niners of students. Nor, however well qualiGed were tho 
Individually, is it possible that they should cfUciently dis- 

■p Ihcir duties if they are frequently changed, and act indq)cn- 
y of each other, with no common system of framing their qucs- 
I, And no common agreement on the standard of ucquiremenis to 

5 land. These examinations therefore, though they atlbrdsome 
the practical knowledge of attorneys, iuid have uiidouUctU/ 



154 Legal Education, 

done much to raise tho character of that brancli of the profeasuMi 
afford no ^arantce for the scientific study of the law. The prrmt 
system of legal education in England may, therefore, be said tobe-r 
permission to the student to commence actual practice and to leiin 
from it what he cnni the private reading of the student hinuielC di 
permission to attend certain courses of lectures, together with, intb 
case of attorneys, two examinations of an imperfect character. 

The question before us is how far this system is satisfactoryy ail 
if not satisfactory, what should be substituted for it 

The present system is sometimes defended upon the ground of ib 
practical success, namely, that it has produced eminent Lawyers, nl 
also that tho end of law being the administration of justice, thatlhik 
must necessarily be a good system, which has produced an admiiii^ 
tration of justice so pure as that of England. 

The answer to this is, that, however eminent English lawyers ham 
been and are, they would as a body have been more eminent hii 
they been educated on a hotter and more enlarged system; and if 
how many English lawyers can it bo said that their acquirenenli 
out of the rango of the law of their own country, and indeed out «f 
the range of that particular branch of the law of their own oouutiy 
to which they have devoted themselves, are all that they should ^ 
are all that a wider cultivation and a more scientific system of tSMk< 
ing might have made them. 

Whatever opinion, however, may be hold as to the effect of an ia- 
proved system of legal education on the highest minds amongst or 
lawyers, wo must consider tho wants not only of the leaders, bat ilM 
those of the rank and filo of the profession. 

We have a most complicated and difficult system of law to teacb, 
and we ought to endeavour to teach it in the easiest and bett 
manner. We may go further, and say that we have now titt 
difRcult and complicated systems of law to teach, so difficult tint 
few but the master minds of the profession ever succeed in gettiag 
even a tolerable acquaintance with both of them. These two sys- 
tems, if tho recommendations of a Royal Commission now sittUg 
are adopted, are about to be fused, so that both sets of rights sni J 
remedies may be recognized and administered by the same eonrk ] 
This step when taken must at once make it necessary that pndi- 
tioners should bo acquainted with both branches of tho law ; tfaerefixv, 
even supposing the existing means of legal education to be auffioimt 
for the instruction of lawyers who are only required to praetiae in 
one branch of the law, inasmuch as we are now about to raqnlra 
them to be equally well qualified in two, we ought surely to proeed, 
and that without delay, to lesson as much as possible all the diffi- 
culties in tho way of acquiring a knowledge of both. 

Thore is, however, another effi3ct of our present system of teaeh- 
ing the law, which it is necessary to consider. 

The student beginning to learn his profession from decided cssis, 
and not from thoorcticid books or oral teaching, the first idea thai 
be acquires, is that there is nothing fixed or certain, unless the 



Bjj W. A; Jfvms. 153 

B point or some &nalogoiis one Iiob been before <iecido»l. If he 
> case upon the subject before faim, lie is at sea. The 
B feeKng (bllows him into the practice of hid professioii. If bo 
to ar^« a case, or flflerwarila, as a judge, to decide one, be 
es or decides upon thoRUlboritr of previous cases, and rarely 
i principle If he bocomea a writer of treatisea on any brandi 
'"I law, lie Blill follows tbe asme bent of minr], his book is in 
eaees Tory little better than a sort of index to the reports ou a 
icular braucL of law, and but seldom, and theo witli great 
ton, doea ho nltompl to follow out any pariicnlar case, so &i to 
V the prini:iple involved in it, to follow out that principle to its 
timate concluaions, and to apply it (o other cases not yet dealt 
I' Hy the courts. If (he existing cases are well arranged in the 
lal order of the doctrines to be deduced from them, so as lo 
tate the memory in recollecting tlio decisiona, it is as much as 
re entitled to eicpect — To mount from tbe known to the un- 
■n, is B thing seldom or never attempted. 
'ben the lawyer becomes a judge, he is, of course, occosiunally 
(ed to trench upon new ground, but it ia no disrespect lo tho 
■| to say that the previous training; their minda have gone 
ttgh in tbe study and practice of their profession, has been such, 
it irovld be marvellous indeed if they generally proved well 
jfled lo deal with new cases where principle only could he their 
'Ik, or eveu to distinguish amongst old cases, not easily reconcile- 
\ ihow which were founded on sound piiooiplo from ihose ittt'> 
lb erroneous principles had crept. Tbe consequence has been 
by insensible degrees a train of BUCcesBire decisions, each profess- 
to be founded on those that hsvo gone before it, has occasionally 
igbt us In a result contrary, not ouly lo justice and public con- 
tDoe, but eveu to known and admilied principles of law ; bo 
I, however, is the bondage of the system of proceeding on de- 
Icuos, that the courts are, or profess lo be, unable to retrace 
^ steps on a course found and admitted to be wrong, and tho 
blittiire has to step in to tlieir assistance. 

h«ra is still another point from which it is necessary to regard 

imperfections of tbe present system, namely, tbe want of any 

MoatQ training in legal knovkledge for those persons who, though 

Pf d« not intend to practise the law as a profeseion, yet require 

VOb geueral ecriuniutanco with its principles for the proper dis- 

;lutTg« of their public duties. I refer to magietrates. members of 

hiliaiDent, consular officers, persons in the diplomatic service atid 

l^en. 

it is impossible lo expect such persons to study the law on the 

wnt system, nor would tbe partial acquaintance they would get 

il some particular branches of law, by a short time spent in the 

mbers of a praclitioner, but not follovvod up by the subsequent 

initig of actual practice, he of much use to them. Tlie ouly mode 

■ vtueh persons not intending lo bo practitioners could devote tbe 

udiey would bo likely to devote to the study of tbe law, with 



156 Ldgal Education. 

much prospect of advantage, would be by studying in a pabiie lav 
school, under trained and qualified teachers, on a well arraagal 
system and course of study. 

TbiB question of law studies has recently acquired great additioori 
importance by the adoption in India of the practice of admhtin 
natives to bo practitioners in the Supreme Courts, under which «» 
siderablo numbers of them are becoming qualified as barristers ui 
solicitors. It is scarcely necessary to point out how utterly uomilil 
the present state of legal education is for the adequate training tf 
Hindoo orMahommedan natives of India to become English lawyu^ 
and what a great advantage would result from the formation ii 
England of a competent public school of law to which they migk 
resort, and which would no doubt cause the formation and mooU 
the character of subsidiary schools in the great capital cities of Indii 
itself. 

In dealing with the present system of legal education, and ik 
defects, it has been impossible to avoid indicating beforehand tiw 
remedy for those defects, namely, the institution of a great univenitj, 
or school of law, in the metropolis, as proposed by Sir Koandel 
Palmer in his motion in the House of Commons last session. Nothiig 
but such a school, founded on a thoroughly national scale, can p» 
sibly meet the requirements of the case. 

AH previous proposals that have been made for founding a Uw 
university have ])roposed that the four Inns of Court should be tk ] 
nucleus of such university; but a little consideration will shew tint ] 
those bodies are not suited for the purpose. They are foor it 
number, completely independent of each other, and are governed^ 
not by boards elected by their members, but by self-appointed bodiii; 
and, moreover, tliey exclude from their membership one, and that bj 
much the most numerous, branch of the profession. Therefore^ if k 
were to be attempted to convert the Inns of Court into such a kv 
university as the nation requires, such great changes would havsti 
be made in their constitution that it would be a task much mon 
easy, as well as more simple, to create an entirely now institutiw 
for the required purpose. 

The first enquiry is what should bo the natui'e and goyemmeattf 
the university, or law school, proposed. 

The first point upon which it is desirable to insist is that it shoiU 
be a university for the education of the whole profession in both ill 
branches, as well colonial as English, and also as well for lay mo, 
requiring some elementary knowledge of law, as for persons intending 
to be practising lawyers. 

There is another point, however, that must be considered in cath 
nection with that of improved facilities for legal education, namelj, 
that of a test of the extent to which the means of education oiforod 
have been taken advantage of. 

The necessity of an examination test, as to the qualificationi d 
attorneys, is admitted by the law as it stands, and as to barristenit 
is no less obvious. It is quite true that, as to the practi«iDg 



B>j W. A. Jn'ont. IS7 

the public, when employiug him as an advocate, have Bome 
fur liis qaaliUcations ia tbe fact that he is selected by an 
my. But tbe barrister has other olRces besidoa those of adviser 
dvocntn, for from the ranks of Ibo Bar exclusively, are taken 
idgesat home and in tbo colonies, County Court judges, re- 
barristors, stipendiary raagiBlrntes, and a variefy of other 
ll and semi-judicial oflicera. For tlio higbor of these oSicoa 
iepinioQ aiFords a gunraiitcc that no one but eminent pructittoners 
I appointed to tbem, but such is not the cose as to the inferior 

I government of a university ia naturally placed in the liandsof 
Vbo have been taught in its schoola and received its degrees, 
"era is no apparent reason why tho proposed lavr school or 
ti^ should be diHerently dealt with ; but being established for 
objects, ihe public also should have some guarantee for ltd 
cy, and such would bo best iifforded by introducing into the 
or governing body, an element of public oinaial persons, or of 
D Doniinees. 

tii, however, tbe university shall have l>een in existeDoe for some 
there will be no sufficient number of persons educated by it, 
ding its degrees or certidcntes, lo justify entrusting to them 
Bvely, the election of tbe eleclivo members of the senate, 
9 proposal of the aesoolalion wliieb has been recently forraeil 
KHDoting the objects ndvocnicd in this paper is, that tbe power 
Joa should be conferred iu suitable proportions, upon the Inns 
Tt, and Ibe various incorporated law societies of attorneys in 
I and the provinces. To confer such power upon the Inns of 
would however, probably, not be satisfactory to the general 
nof tb« Inns, if it were to bo exercised by the benchers only. 
ily that objection might be met, by dividing the representatives 
ed on each Inn between the benchers and the other members 
I Ion. The incorporated law societies do not include all tbs 
eya in England and Wales, and they do not exist in all parts of 
luntry; but as they exist In all the considerable centres of 
M, and in several counties, and as they naturally include tbe 
kctive and zealous members of the profession in each locality, 
irobably would give as good and fair a practical representation 
opinions and interests of that branch of the profeasiou as could 
ained in nay otlier way. There would, however, be no in- 
able difficulty in electing members, by polling the whole pro- 
by voting papers, if the luus of Courts and law societies were 
Midered to represent it fairly and adequately. 
le next question is, whether the instruelion in tho University 
Id be compulsory or optional ; that is, whether a person ought to 
le lo go up for examination with a view to practise without 
; attended lectures in the law schools. I was at iirsi strongly 
;d lo conrider that it should be made compulsory on all persons 
ing to practice to attend in the schools, and I should still 
ly derfre to see such attendance for a longer or shorter time 



1 58 Legal Education* 

practically universal, but I have relnctantlj come to tbo condttriditJ 
that it is not desirable, in the first instance, at all events, that sudilf^ 
requirement should be made. '2 

With regard to barristers, probably no great inconvenience woolr 
result from requiriug their personal attendance and study at ttr 
schools, but with regard to attorneys the case is somewhat different' 
The great majority of attorneys reside in the provinces, and I fiiid, or 
inquiry, tbat not more than one-third of the articled clerks coming (q^ 
to London from the country to pass their examination, have speitt^ 
any period of study in London prior to such examination. It wontf 
therefore, apparently, be a harsh proceeding to compel all countr]^ 
students] intended for the profession of attorneys to study at m 
proposed schools. ^ 

It is to be remembered that even if study at the law schools is nif4 
made essential, yet the test examinations will be founded on the m$' 
scheme of study as is established in the schools, so that to dispenif 
with attendance on the lectures, will not be to dispense with 4U 
knowledge that can be most readily and easily acquired at thoill 
lectures, but simply to permit those whose means do not allow thsQ^ 
to attend lectures in London to obtain the imprimatur of tke 
University, if their diligence enables them to attain the sum' 
amount of knowledge in any other way. 

One important point to consider is, how the examinations that tnj < 
to be the test of competency to practise are to be conducted. • 

In the proposals of the Legal Education Association, as well as h ' 
the resolution of Sir Roundell Palmer, it is assumed that these exami-. | 
nations are to be conducted by the same body that conducts the teadi>' I 
ing. It do€S not, however, appear desirable that the teachers aaf i 
the examiners should be the same persons. It is just that a teachec ' 
should be the person to test for merely academic purposes, the dogrsr i 
of attention which a pupil has paid to his lectures, but an examini^ i 
tion intended to test general acquirements in a particular subjeol^ | 
especially where such test is needed for public purposes, should bsff j 
test of the teacher, as well as of the pupil. It would not be diflScdii; i 
however, to devise a mode in which such a board of examiners m : 
would command the confidence of the public might bo appointed 
The senate or governing body of the University might properly hvA 
the appointment of part of them, subject to the condition that tlj 
examiners should none of them be professors or teachers in titf 
schools, and the appointment of the others might be vested in dM( 
Crown. 

With regard to the nature and number of the examinations, thefil 
should be a first or preliminary examination in general knowledgf 
not as a condition of admittance to the teaching of the schools, bu 
as a condition of admittance to the subsequent pass examination. It 
is obviously impossible to specify precisely the degree of acqidzs* 
ments that should be requisite to pass this examination, but it wootil 
probably be sufficient for the purpose, if it was of about the saas 
character as the University middle class examinations, and tke 



li}f W. A. J&ions. 159 

Eng of tliose examliuttiona, and alao the paauag the inn trie illation 
Etuatioo, or taking a il^gree at nn^ univoiaiiry, should aupersedu 
Kneccj^ity of pasebg such preliminary exniiiinQlion. Tlicro 
d oLaO lie an inKinnediata exominittioii to test the progress of 
udcutd, iitij Lo [iru\'enl, aj far us pos-tihle, n i^ygteru of craminiag 
e final cuuniaatloD. Where a student had titken a law degreo 
j: Other university, this pxaminatiun might safely bo dispousej 
There should finally be & pass examiuation. The que^tioa 
l^prife^ wbeihcr there should be more than one, or only one. paas 
nioatioii, that is, wheibcr there should be more than one rank or 
• of oertilicatcd students or graduates. 

fi this point it might, perhaps, be contended that as tlie Judges 

nipdrior lair ofGcer^ are taken from the Bar, the permission to 

ttae at the Bar should require a. higher leat of quaUfleation 

u tlie penuission to pracliae ai an attorney or solicitor. It may 

lUo bo argued, and with eome degree of force, that if ono pass 

ninatitm, and one pass e.xamination only, is required, it would 

her too severe a test for aome members of the one branch of lbs 

ision, or no sufficient test at all lor the other. 

I this point, however, it 13 well to a-scertain what are the opinions 

e profession itself. The point chiefly concerns attorneys and 

tors, as it may be at once conceded, that if there is to be ouly 

eat examination, it must be a thorough and complete test of 

aciairemcnts in every bianeli of law, with which it is de- 

that students should be ue(|aaiuled. 

plncorporaled Law Society of the Cnited Kingdom has generally 
,lreaied aa a sort of roprescntatire society of attorneys, and the 
let of the proposed Law University has been fullyand repeatedly 
iwd both by the couuuil of that body, and by the members at 
gOQeml uiretiugs, and the result has been that a practically 
moas opinion lias been expressed both by the council and the 
wrs in general meeting> that the examination foi' qualificntioa 
■stise as an attorney should be the same b.% and not inferior to, 
Hmlnntion for q u all li cation to practise at the Bur. 
itted, the re^olutioiia of the general meetings of the Society go 
furtlier tlian that, and point to the choice of the branch of the 
EsioQ to which the student will devote himself, being made 
, and not before, the close of the period of study. This, of course, 
ves the surrender of the prac^ce of articles or appreuiiceship, 
;Conaidering what a considerable emolument accrues lo attorneys, 
I the fees paid by articled clerks, a groat portion of which would 
kbly be diverted to members of the Bar by the abolition of 
I, Buoh a resolution may fairly be considered as a very ra- 
blc sign of the opinion of that branch of the profession. 
e question, however, of one or more examinations, is to some 
e involved in another (inestlou, namely, that of whether the now 
l1 should have power to grant degrees in law. An objection 
IweD raised to their having such a power on the ground that a 
il or college for one special subjeut has no claim to be culled a 



160 Legal Edxication. 

university, and moreover that a degree though granted in speebl 
subjects implies general academic training. 

It is not essential for the objects for (which the establiahmeiit cf 
law schools, and a test examination, are here advocatod, (hat Ite 
examining body should liavc power to confer degrees, and thenfan 
as there is much to be done yet, before this desirable reform can bo 
accomplished, it will be well not to confound the essentialB of tbs 
proposals with adjuncts which may be dispensed with. 

If the proposed institution had the power of granting degreefli 8 
by no means follows that the pass examination for liberty to praetiiei 
and the pass examination for the degree, should be the same. Ill 
degree might be the badge of a superior degree of knowledge. Tliai 
would be this advantage in the power of granting legal degrees vesM 
in a responsible public board, namely, that the holding of such degmi 
(though not made the necessary condition of the mere right to pn^ 
tisc) might be advantageously made the condition of eligibiliihr to 
certain public offices of a legal or judicial character. This wonldbl 
both a better guarantee for sufficient knowledge than we now poMMi 
and would be a great stimulus to legal studies of an advanced chi- 
racter. This course was substantially recommended by the Homtof 
Commons Committee of 1846. 

It would lead mo to transgress the limits of this paper, were I to 
go in detail into the subjects to be taught in pablic law sehoolii 
Clearly the instruction should not be confined to English law, but 
should cmhraco jurisprudence, and the most valuable conftribatkM 
to a knowledge of jurisprudence, namely the systems of law of otkr 
countries, ancient and modern, to which should be added Interoatioul 
Law. The extent to which studies outside the knowledge of £D^iA 
law as it is, and the history of P^nglish law, should be imposed as oon- 
ditions of liberty to practise, is a question of practical detul whiekil 
is impossible fully to deal with at this time and place. I thiB^ 
however, it may be affirmed, that the study of the civil law, aad of 
jurisprudence, which cannot bo beneficially studied without soni 
knowledge of foreign systems of law,^and of the history of lav, 
should to 8om^ extent form a necessary part of the education d 
every lawyer. 

When, however, we consider the extent of the field of study thit 
is thus opened to our view, and when we further take into conndenh 
tion the exigencies of our extensive empire, and the peculiar knov- 
ledge required by those who have to administer the laws of ooloniil 
dependencies, which include almost every system of law known to Al 
modern world, it is obvious that a legal university adequate to ttf 
demands of the metropolis of the empire must include some snijeell 
of study which it would not be necessary for every English pnetf- 
tioner to be acquainted with, aud must push the instruction on asqr 
subjects of study to an extent not requisite for every student 

As to the mode of instruction in the proposed university, U mi 
by no means be coucludcd that because a systematic mode of leiek- 
ing and studying the law, and an extension of the subjects reqninl 




By W. A, Jecofts. 

sludiftd 11 sdvocated, and bec&use ll.e defects of mere unguided 
'e reodiag, aod of learning solely from actual prftttice, aro 
jly dwelt upon, tbat I would propose to substitute a system of 
ling by lectures, or oral instruction, aloue, for tLe present system, 
reverse of wrong is not right, nor would I for a moment contend 
any of the present teaching, whether by private reading or by 
*ical oiperience in the chambers of a barrister or attorney, is 
~~~ or should be omitted in the education of the lawyers of tbe 
Law ia, to a groat extent, a practical science, and lawyers 
to deal with men — their complicated transactions — their pre- 
la — their ignorance — and their passions, and a mere student of 
«a and booka would be utterly abroad if he were to be at oace 
;ht in cuala.;t with the exigencies of the daily practice either 
I adrocBtu or the attorney. Nothing, therefore, can or ought 
ipenae with the practical training of lawyers by experience, 
' ' a stale of pupilage, of the actual business transacted by 
Nor do 1 believe that the amount of experience of actual 
IS now thongbt neceasary for the student can in reality be 
redoced. What ts wanted is, that the student should be better 
id to lienefit by the obaerration of tfio actual practice that he 
At present, much of the lime spent in chambers or oiKces ia 
ed for want of the neceasary preliminary knowledge. 
bilsl llierofore hoping tbat tbe mere apprenticeship qualiHoalioii 
lorsays will be abolished, I tbink that both barristers and at- 

ta should be required, in addition to the examination test, to gira 
of actual study of practice in the chambers of a barrister, or tha 
I of an attorney, or both. Lectures also will not only be no sub- 
le fur experience of actual practice, but also will be no substitute 
irir&t4 reading. ludeed, in mauy cases, useful lectures will be 
er & guide to the student in his reading, than a aubstitute for it. 
m or»l teaching in ibe proposed university may not necessarily 
Hrafiaed to lectures addressed to large audiences -, probably a more 
•ta aystem of teaching, somewhat aniklogousto the tutorial system 
be old English Universities, may be advantageously mingled with 
' In short, what the Law University should do would be not to 
Hitute something else for the present syatem of learning the law, 
[to »dd something to it, by which not only a wider scope of 
nctlon should be attained, but the present system of leaching 
learning should be better utilised. 

p what order of time the various paits of the proposed new 
pm should be taken must be left to a great degree to individual 
nieiit and to experience. 

'tth regard to the mode of supporting the University, I can see 
difficulty whatever in making it self-supporting. In the London 
Hes^ and the medical schools, the yearly fees payable by each 
it ara not less than from twenty-one to twenty-live guineas a 
m, and fees of about that amount, or not much exceeding i^ 
.Id bo amply sufficient to support a Law University. 
Rgret vary roucb that the necessary limit of a paper read before 



Hi Zegat Education. 

this AaBOcialion preTCuts me from going more into detail oo O 
flubjects connected wilh the working of Uie Law Unifersity wl 
ealnbtishmcnt I adroctt^ tind likowiso from poiniic^ out • 
indirect ftdvnntagca that would, iu mj opioioo, result from it. 
that time has permitted me to do is to poiot out Uie aeriouB eflla. 
the present Bjetem, to Advocate the fomuiion of a meiropOlitoD li 
school, with control over the right of practising Uie prafeuioD, 
their remedy, anil to deal with a few of tho more promiaenl 
tions ufiecting the coDslitulion of luch a school at I propose. 



Mr. Thomas Marshall next read a "8kelch of the Early Iliftl 
of Leynl Practitioners, and of the Inns of Court of Chancery."" 
subdivision of legal labour, lie said, which prevails at the preil 
day, is the result of a growth of several ages. In Eoglaud, id 
lOth and 1 Itb centuries, iiersnnal property was almost unknown, 
title lo real property was emiucntly insecure, and the preserTal 
even of life and liberty was a task which the Inw wrb unabln. 
perform. Under these d re um stances, evidence is scarcely needed' 
prove that legal organization must have boon extremely simple, 
distinction of duties, familiar to us, but which is rendered tici 
saiy only by the wants of an nrtiQci^d system, must neoeassrilyb 
been unknown under the operation of a system marked hj 
aimpliclly. Tliat tliia was so is clear from direct testimony. Le 
lative and judicial functions, now so jealously sepsraled, wer« t 
constantly united. The liligont party dlschurged the various dii 
of attorney, pleader, and counsel. Nor was It optional with him 
to do. "By the policy of Uie Common Law," enya Coke.t "eum 
litet jioliut re»tHni/fndiB tunt yuara taxanil<r, tiulli plainliff aOil 
defendant, dcmdntlant and leuaui, in all UDtions — real, personal, ani 
mixi— did appear iu person," Whatever wo may ihiuk of the 
reason, we can have uo difficulty in accepting the fact. It b * 
course of procedure certain to obtain among a people who have Ml 
yet aciiuired »u ariilicial system of legal procedure. 

Mr. Marshall gave a skeleh of the history of legal practitlonen 
in Euglaud down to the close of the 15th century, tho period wbui 
modern bintory begins. Ue summed up the general conclusions atiil 
results as follows : — 

We have seen thut tho old Common Law rule required the norriU 
to actiouB 10 appear in person; tliat this rule was modified, tiral 
through the exercise of the Royal prerogative, by granling letters 
of attorney; and second, througit the exercise of judicial discretion, 
by the poimisston to appoint a rcipontalit, or epecial and limited 
ageut The supremacy gradually acquired by the law in tbe 13lh 
century, together with the artificial character of its rules, made 
litiganta more and more dependent on profcseional aid. Some readier 



'wf^^^^'^ui^li aid than a writ out oF Chancery was demanded, 
y Vai'given by the Stutute of Merton, liie Slalute of West- 
A^ First, and the Statute of Westmiuster the Seoonil. 
Sututcs enabled Kttorneya (o be appoiuted as occasion re- 
Without formiility imd witho\it expense; and tlioy led, aa 
bke rtmnrka, to the complete disuse of the agent Torraerly 
ds respoiisalis. It ivna eooo found necessary to impose some 
rfficiency on those upon whom the conduct of legal prooeed- 
Tflci devolved, and this w&s done by the precept of the 20[h 
Edward I. IFp lo this t[me the litigant party — or some one 
tead, and directly representing him — is the only non-juilicinl 
>{ whom vc ha ve^ cognisance. But in the latter iinlf of the 
«tu[y wo became acquainted with two otlier cluasos of prac- 
\ — Serjeants unJ apprentices — an order of men who made a 
lie study of thy law, with a view to Its higher appointments, 
m whom ihe Bench was constantly recruited, liut it was 
Br a long pupillage that the apprentice or learner was qualified 
m^ a Serjeant or minister. During his apprcntioesliip he did 
would seem, lake equal rank witli the attorney, although a 
Cor with him for business in the local Courts. The 14th 
removed the Ui^ahillty which still pressed upon defendants 
lin real sclipus of appearing by attorney. From that time, 
4a. civil BuitB, the right of every oue to appear by agent was 
at^iis^ed. Nor wio this right confined to the inferior and 
nsdictions. Attorneys were heui'd before each of the three 
B of (he King's Court at Westminster, as well as in the towns 
the iTusttcea held the Assize. What they gainerl in one 
1 th^y seem, however, to have lost in another. Their old 
[j was gone. Apprentices had found practising more profit- 
o learuing, and had begun to compete with attorneys for the 
ttysiveas in Court. 

a not until the loth century that any direct means were 
>r KCil,ring the efficiency and good conduct of practitioners. 
icu provijioaa should have been called for, and that tliey 
laye been confined to attorneys, indicates the increase of that 
d shows thut tliey still absorbed a very large portion of the 
at the cuuuiry. For the distitiction beiweea asceitaining 
t law out of Conn, and stating facts and law in Court, was 
^iuaidted upon. It nas permitted to the same man to learn 
try poqferencB with Lis clieitL, and to expound it when he 
ned It. We find, indeed, new named, or rather the revival 
Lstribiition of old ones — cOHsiiiarii, homines Icgis, komines 
attf— ras well us attorneys and apprentices ; and it is probable 
le^ames were coined lor the sake of clearness, and Ihiit ihcy 
me difference in the persons denoted. Whatever the dif- 
ipjiy bay« been, it was not the diSoreuce which at present 
between counsel and attorney. For the most distinguished 
jf the reign of Henry VI, — men like Yelverton and Fasten 
-*~' »— 1-~-~ -mih which do modem barrister would be 



11—2 



■ 
I 



164 Legal Education. 

permitled to interfere; and in the counties^-if not in Lott4<»H- 
attorneys bad still an audience before the King's Joeticea. Such 
was the diBtribution of legal business at the close of the Middle Agft 
Mr. Marshall then proceeded to give an outline of the history of tkt 
Inns of Court and Chancery during the Middle Age. Of their mhi 
and copfttitution during that period, he said, we know nothing, nor can 
we do more than guess at the manner in which they satisfied tbe 
wants of their members. But if we look to the neeessities of the 
time which gave them birth — to tbe number of analogous institatioiis 
throughout burope, and take into account their popularity, and the 
favour with which they were regarded by the patrons of the Common 
Law — we may infer that in that early age they performed eone 
useful function. Our knowledge, however, scanty as it is, enablei 
us to speak with tolerable confidence on one or two points. It ii 
not to be doubted that all the existing Inns of Court and Chancerj 
were founded for the common benefit of the legal profession; for 
during tlic whole range of time which extends from the reign of 
Henry III. to the reign of Henry VL, and which covers the estab- 
lishment of these societief*, there was no line of demarcation between 
the several practitioners of the law. The attorneys, pleaders, and 
apprentices of Edward III.'s time were the common class by whom 
and for whose benefit tlie legal colleges of the 14th century were set 
up, and for whose benefit alone any institution of a like natnre eontd 
have been designed. The counsel, men of the law, and attorneys of 
Henry VI.'s time — each of whom discharged duties connected then, 
but now separated — constituted that numerous membership of which 
Forlescuo speaks with so much pride. It was by the joint contri- 
butions of tliesc persons — the students, practisers, and professors of 
the laws of England — that the houses were supported, the rents 
paid, and that the societies were enabled to continue their existence^ 
for so many ages, and to establish n claim — founded on the fact oC 
long continued existence — upon the liberality of the Earl of Lincolia^ 
Ileniy VIII., and James T. Whatever else is doubtful, this is clear ^ 
80 that the absolute exclusion of seven-eighths of the profession at tb^ 
present day from these Inns, by whatever else recommended, eanno "^ 
be defended on the plea of '* the true, ancient, and laudable goTern^- 
ment" of tbe societies in question. Little less doubtful is it tha*^ 
these Inns were established — in part, at least — for educational par-— 
poses. The time and circumstances of their origin point to this a^ 
one of their objects. On that ground only could the ancient eit]^ 
schools of law have been suppressed. Nor is the absence of ai^ 
endowment against this view. In the time of Henry YIIL, whei^ 
books began to be more common, complaints were heard that ^'ther^ 
is no lands nor revenue belonging to the house whereby any learned 
might be holpen to study by means of some yearly stipend or salary s 
which is the occasion that many a good wit, for lack of ezhibttioo ^ 
is compelled to forsake study before he have any perfyt knowledge 
in the lawe, and fall to practising, and become a typler in the lawe;^ 
but in the 13th century those aide were not necessarji and, indeedK 



liy Edmund liolertton. 



A reader 
Vices of ihat ago. 



id a text-book formcj tlio educational up- 
for Ihe governing boil/ of tlie lans of 



fue special 
t question, 
which lh( 



to consider how Tar, as regariU profesaionai edii< 
ftdvpted their lurge resources to the ultered e 
reMii[ dny. 

'. Ejuiuxd Robbktsox read ft paper oq tf 

tion. He said the intereet at present luken i 

the larger acquninlanoe wiUi the preef:nL aystem ' 

lie liHve ucquired, reudci- it possible to iLbund>in the practice 

DiaJEiiig out a case for tlie necessity ol' refurm, and Co proceed 

ace to the discussion of tlie single scheme which has come 

Ltnentl/ before Ihe coiuitry— that of Sir UounrKil Palmer. The 

objection to this scheme ia its want of completeness. It 

at « reform of the Irius of Court rather tbau of legnl education, 

akes no oeconnt of the educational resources ol the Universities. 

una of the name unitrersiiy is also to bo condctnnod. It involves 

naly of a univorsily with only one faculty; and the proposed 

are simply a conFuiiion of ediicational aiid professional status 

carries with it no useful consequence whatever. The pri- 

to be bestowed on the new inatitutjoog will weaken one of 

IS of our univeraiiy system, and will probably induce many 

to accept the training of the legal university as a substitute 

for the old university aud for whatever prgfcssioDsl training at 

int exists. And thire will be no corresponding advantage; n 

uaiventiy in a large town ia comparatively powerless in its 

tQce over tlie charautcr and cnlture of its members : and what 

> expected of a mere set of lectures and examinations set up 

tieart of Loudon T Assuming as es^tontial to all schemes of 

I the establishment of a real system of educatiou in the Inns 

Court) tlien arises the problem how to reconcile the tlniversilies 

i ihe Inns of Court. The Inns of Court ought not to be asked to 

Vfl up their right of testing for thcmseUos the qualiHcation of 

ndidatea for the Bar, but at the same time, the study of law in 

A universities roust be made to acquire some appreciable profua- 

Hial value. The present time is favourable for the attempt ; for 

jal education in the uiiiveisii.ies — or at least in Oxford — is in 

•cau of being reformed, and there are indications that we are now 

tering upon a period of special studies. At present the University 

■ do nothing for legal educalioo, while there are at any given 

ne a thousand youths whose studies are a mere continuation of tho 

holities of a public school. Many of these men must in the course 

luature go to ihe Bar, and a well-contrived system of legal study, 

place of the barren work to which they are now condemned, 

M simply be salvation. But this legal study must, in order to 

successful, be supported by professional recognition. On what 

nidples, than, ought this recognition to be granted 1 Ho would 

>pose that there should bo two examinations for the Bar which all 

itnints should be required to pass, instead of one sham examination, 

&bich it is counted rather disreputable than olherwlse to pass. The 



166 Legal Eduoatioii* 

firat examination Bhonld embrace the more general aad mprofiM- 
Bioual subjects of legal study, and might be divided thna ! ' Ge neral 
Jurisprudence, International Law, Constitutional Law^ and Eb*^ 
mentary English Law. These subjects are peculinrlj tiitpi ..fift . 
university teaching, and a university degree in Jaw ought to ill: 
accepted hy the Inns of Court as equivalent to their own exBBia»i 
lion. The Fccond division of legal studies should be confined to the ' 
purely technical and |>rofessional subjects, and over thia^he wqfjild.' 
give the Inns of Court complete control This scheme involves die 
Bubstitution of law for the elementary Latin and Greek of te-i 
ordinary pnssmnn, and if Latin and Greek are still to be reqfdr^ hi 
the univeiiiity, it will throw upon the public schools the re^ntf* 
bility of the work which they have hitherto neglected. It will he- 
more difTicult to mnkc the study of the law compatible with a eonm 
of readinp fiT honours, but — in Oxford at least — the growfe|;' 
tendency to special studies will be in our favour. It will probably j 
be found necessary in this, as in oUier studies, to break up the 
English college system and assimilate our university teaching to the. 
popular lectures of Scotch and German professor^. The praetictf ef 
rending in chambers may, and probably will, still bo cohtiniiedi with' 
this diflferencc, that the barrister will be free from the 8UppiciQ|i of: 
conniving at the systematic deception by which many-of hia pupUti 
contrive to get called to the Bar. To settle details, a commfcMiofit' 
representing the universities and the profession, 'would be the MiiiX 
means ; Parliamentary legislation on such a autjject would probably, 
be a medley of inconsistent compromises. To sum up; the 
advocated are the following : — (1.) The name (and whatever 
ing attaches thereto) of a legal university should be struck opt df 
the scheme. (2.) The universities should be brought into working 
union with the Inns of Court ; the latter being entrusted with the 
general or philosophical, the former with the technical or pnn 
fessional, purt of legal education. (3.) Law must be introduced kt' 
a special study in the universities for pass as well as fbr honour' 
degrees. It ought never to be forgotten, in speaking of lagel' 
education, that there are certain subjects (such as penend juriepri^' 
dence) which ought to form part of the training of eveiy educated' 
lawjer, and which can nowhere be so efiectively taught as in the 
university. To encourage university education, without excludiof 
those who cannot afford it, should be the objeet of every lawn* 
former. 



DisGuaeioir. 



Mr. TaouAB Webstir, Q.C, F.R.S., haTinff bad ten years' reN/^noa at. Cn^-- 
bridge, and nearly thirty vears* pnctioe at the Bar, conalderad jfc, Bobirt|{o^f|; 
notion of praotical law teaoUing at tbe UniTcndtiea a ohinwra. .fia o^BQii^TeidinilMii 
esi)edienpy of facilitating the ^udv of law there, bat oowld>aot iff "tHri pttij^hlitjll jOH: 
deeirability of a union between the Inni of Court and tbe tTniTermti<lfi^j!|^^|iip^^ 
no objection to the tann, "UniTarttt^ of Jaw,", bat Sijr. JEh>imd»U,£|j|Qjll'e m^ 
porton would be equally satisfied with the tjitla of lair i^i^et :,4t fc^p^tSpa. 



nfor 

_ _ n, bul IhiB ooiUd not be effwjtad »t the tlniror- 

«e the grant priirs mint &tirjiTg be (dJTetj to cloaeios or tualhcmatioj. 
Duld coiiiUiirB with tliose Btudiee bb a training for future life for p«r- 
Mea of itilDdi, thoilgb, looking u> Ibe practical ends of life, he >hould 
■thnairfl lothe BcienOei, phjncalsndnpplted. Lectaru, or a imiTPnitf 
ooubl not mikke a lawrcr. but hu ehuiild with to SM law claaug at ul 
ntttai^ tike thoM St UniTersit]' Cullege and King'i College. After 
ugh the Univcreitj purriouium there would be unple time foe the Bludy 
t would bo unfair to mEiko the eniininatioiit for arJiuisaioQ to the Bar 
> long ai no «y»tem of instruction wM profidod for o 



I 



roald (Ciuulate inquirr, and practice ta an attornej'i oSlm or barriater'a 
WM ,«MBIitial to the education of a successful lawfer. As for the Urge 
' men who required inatruction in law. bul did not inland to prictiiwi, 
! obtfiin that instruction at the FiiiTereities or law sohooU, and undergo 
atlon in London. Some of his brethren were borrified ot ' 



ttw two branobes of the prufesiion, but he thoiieht every bi 
to aD altomej'i office for a jear, and his onlj mltlakc in Ufo hi 
I of this. Allowing Ave jears for education, two would be tpeiit at the 



rs would 

Xebiwea, rhioh were indiipeasable to good tescUixB. whereas the 
Inni of Court were now Terj scantily attended. He did not see 

Inns of Court and Chancer; should not be brought under one •jtlcm 

1 and classes, and be beliercd that the difficulties in the wnj of Btr 
Pbliner's scheme would be surmounled. The Jons of Court and the 
led law 8ociet7 might retain their present priTilegos of eiamination and 

W SnunoK ADOS (Londim) remarked that the differences between the 
Hm of the profession, as Mr. Marshall hsd shown, were not lerv old or 
»gt Vrere accidental. This met one of the objections in the ifouie of 
'~ ~' *t. Palmer's sehsm p. The teDdenflf of the i^, howerer, was U 



ritb nttrktiDD*, and to hare free trade in eierjthing, letting anvbodv 
nd IcAfins the ch*ek to the self-interest of tlio peruns coaoemeU. It 
ntrograde (tep, therefore, to introduce a new teet. and unleas that 



1 the wny of anj scheme of Ibis kind. It 
Mrif urged that the State had to administer justice, and to nd minister it 
•ly, and that unless there were reoll; educated practitianorn in the courts 
Id te inSnile dahi;, injustice, and conflicting interpretations of the Uw. 
hope of a codification or reform of the Uw U; in a thorougbl; educated 
, wbJcb should undentaiid the meaning of t^ms, huTS logical Tiews of 
on, and an historjcal knowledge, so as lo know when to use a pr«cedent 
nob. Ihsre should be a profession in aooord with one another and with 

and a judge well-informed and reflecting the common sense of the Bar. 
HaitiM, scattered through the countrj. and connected with our whole 
and diatinction*, and with a largo number of other obiect«, were hiirdlf 
in suHteient practical attention to legnl education. They might help to 
ab public mind, and might possihlj prepare the way for an orgnn'sed 
It Ihaj would not satjs^ the need felt by nil oUsses of practiiioiiers. 
Inns uf Court, tbeir constitution was almost irremediably inolGcacious. 
g eMmlially close corporations, which could not by the nature of the 
Ut edumtion well. Sduoation must be flexible, audc.nducted by persons 
tber end in Tiew. He did not say the Inns of Court were more in- 

than oilier corporations. As to Mr. Robertson's proposed separation of 
in) KoA the philosophical part of legal education, he, as n teacher of 
IteredinUie possibility of it. The two must go on together, for without 
tflBpathy with a deed or will, or actual proceedings, there would be - " 
idf of law, and Ur. Jnona's Kheme, howerer modified, ought to 



I 



I 



168 Legal Education' 

if^ch rmlj \]\r.so portions of tlio law which ercrjbodj woa expected to know — tba 
flryt principlf.>« uf En^li^li law. intfmat ionul hiw, jurisprudence, and ciril law. A 
Muivi-rn'ity cortAiiily ccmld not U*uch practical law, which could only be leunad 
tliroii^li tlio reading of pnu-tical works, and inflnitclj more by attendaDoe in ■ 
polii'itorV ofTlco. or U'lrriMcr's clunnljcrs. and the courts. Now if a university oould 
ti-»('h only ah>tract law, would it be advantageous to establish so largo a machineiyf 
Kciiienibrrin;^ that, our pnictical law chang(*d from voar to year, and waialnoit 
rovrilutioniiird in fifty yearn, it couM hardly be dcenieci a science ; while inmediciiie 
nnd ('llenli^•try every Htep was one in advance, the imst not being abrogated ; in lav, 
wliat a man learned tri-day lie might have to unlearn to-morrow, and, con- 
vising tlie la-t. forty yearn, he found an almost entire change in almost ereiy 
braneli of nur law. A university could teach international law, that being founded 
on great prineiiJes, as also civil law, on which a crxxl deal of our present law wis 
founded, tor that wuh an liisti»ri(*al ntudy. But did an ordinary solicitor want to 
know anytliing alKiut international or civil law, or any abstract branch? Ht 
wante<l to know runveyancing, and the actual practice of the courts, nnd hid to 
study iKtokn like K(woe*B Ni^i Privn, and it would not answer his purpose to 
ninHter ah>triise depart inei it >«, which nine solicitors out of ten neyer requind, tod 
which others re(piired only once or twice in their lives, when they natursUi 
went to persons who had made huch quest iona a special study. It would bei 
wa^te of time for a bulioiior, who must lie ocquaintc^l with the ecneral affairs of 
the world, and have great genend knowledge, to learn what could be of no practical 
use to him, unlei^s, indeeil, ho had special qualifications for it. As to the Bar, it 
was dividi^l into pectitmH, and he couhl f>carc(^ly c(»nceive any change which would 
render that division unne<'e.-sary. A man who professed to know every branch of 
the law waH li>oked on with Kunpicion. A l>arrit«tcr must know the genend princi- 
ples of l:iw, and must, read up boine ])articular branches. A man going to the Bar 
mu^t first ask him!H>lf whether he meant to be an advocate or a lawyer. If thi 
former, \\v had to get up a gocKl deal of genend knowle<1ge and familiarity with 
human natuns and the affairs of life, as alm> much science and even philoiopbji 
lie would have no time to master the whole range of English and intemationil 
law, which a univer^ity would require of him. Law makers and others, no doub^ 
ought to know the abstract principles of law, but a practical man must watch tlw 
decMsions of the courts, and keep |)ace with practical law. Could not all the objeeU 
of the proposed univerHity 1k< gained hy our present machinery? The univcnitiM 
affordeu opporlunitieH of giving the kind of knowledge required by penons who 
ho]K>d to praetiipc l.>cfore the Privy Council, and the Inns of Court, withtODaeinodi- 
flcationp. might Bee that applicant^i for admiHHion to the Bar obtained the partieuhr 
knowle<1ge which they re(iuircd. It was absurd to suppobc that the Inns of Court 
or a university could teach the practice of the law. The only una of law leetuw 
wa» to civo students a few principles of law, and to direct them to the coum of 
study wiiich they ought to follow. For a h*cturer to say " such and such fonu 
are to bi« gone througii,"and for students to recollect them, wu» absurd. Practiial 
law must w learned in Kirristers* chambers and solicitors* offices, to which lut 
every l)arri.-:t r ought to go, while the Inns of Court vhbuld examine the candidttn 
to H(Ht that they had gone through these, and had acquired the requisite knowMbsu 
Tim Inns of Court niight, periiapfl, give a certificate as to the general knowle^ 
which every lawyer ought to possem, and it might be optional for a barrioter to 
get a special certificate of siK*cial acquirement* in particular branchef of the drh 
leMion. If he chose to sit in chamners and become a conveyancer, he should lihl 
a certificate that ho had qiuklifiinl him-elf beyond ordinary men in that pirtioular 
branch. Tliis would give nearly tdl tlmt was required. The Incorporated law 
Society might do the same for the solicitors, but tlieso seldom required knowledge 
of a particular branch. When thev wanted higher information they went to bmi 
who ha<1 been able to anply themselves to tlie more abstract studice. It wao moit 
important to have an eaucati'd body of solicitors than of barristen, for tlie fonaer 
were employed directly by the public, who could not possibly know their qnalU- 
cations, while the latter were employed by men who knew their qualiflcationo. A 
barrister who did not know his duty, could be dismissed directly before any ham 
was done, but before a Hulicitor could be got rid of much mischief might be don^ 
An advocate really required yery little knowledge of law. Serjeant ^^Idns^ one oC 



i^uied (o u;"I knov notbiag about iuw; mj junior will 
it ho wm a powerful adroaite, und many advocates wera 
Jr 'ftontion. Under the proposed fcbeme, tonnj' meu, who would be 
jidiucatM, would Dot pua the euminatjon aeceawirj for oliBraber 

iLUH SdAKir (Londoa) thought it rather lute in tbs daj to diaeiiaa 
B etltUug nn^aiwaa mlScieDt. ArimilLing tlinb practical law eoutd 
rht by ■ unircnit; or teaching bodj, he contended that the acqiiisiuun 
f Ufr might tw i^enerall; racifitalctl bj improved methnds of te.ichtiig 
"" *tIj onti»titul«d Bohool. This qiiaslion had been trealed as whnt 
(J 10 Oertuanj, a br«Mi-«nd -butler qusstion — the lawyer nnturiUlj 
[Dwb mooe?. auii caloul«tiiig whether he ahoLdd become a lawjer or im 
■oir it thould be conaidered from a higher point of Tiew, Damely, vtbiit 
pr •ocietj. It was not what U<rjer> wanted to mate themHlrea, but 
B^tib nation vanMd her bnjers to b«. Xbe objocl. ahould bo to rnite 
nr nod oaiuiromeiits of the profwaion. It wiu misleading to ay Huii 
^ onlj knoo praotioal law. No roan had an adequate knowledge of 
Ma tnj brand) unlssa he was able to connect it, on the one band, with 
rof that bmneh up t« Ibe prcaont lime. and. on tha other, wiUl the 
If jutuprudencei for actual hiw was, or oueht to be, the appUoatJon of 
» to Cha Mi^noies of otTiliaation. A lawjer shnuld toow the cir- 
it of whieh the aodial Uw arose, and the principle* it was int«nded 
[ International and riiil Uw, it was adniitteil, might be taught al t1i« 
Mieting diTiiion of the profession bad been remarked on u a 
Morpted a« final, but I ho wisdom of our deseendaa Is might not pre- 
_0 ifii*. He epuko the tBntiment of every ntlomej ansiom to do hie 
g, thtj oonrtantlj felt bow much bettor thoy could perform their <lutj 
Itutlktaore thorouEb and lystcmalio introduction to the prof easiun. 
'» indeed wa*. to a lirBe eslent, the product of the atlnmoy), who liiid 
' n a way which did them bonour, and calleil for an iniproTed 
la WBl a cunclunlle answer tn the allegation that the atlomeya did not 
JI IIm Dumber of barrislera nlludrd to by Sir R. Palmer oa formiog the 
nlM Legal Bducation AnociaU'on was on equally oonelitsi'e answer to 
^ that the barrial«ni did not wont it. Tbero had no doubt been poor 
t had been good adTocales, but this was not what the English people 
*"" ~ ■ t creditable for a bencher to confea* be was no lawyer. 

e from tba Bar. 

J Ian quoationa that were niiied, nine were answered by the solicitor 
J and wBTB immediately acted upofi by the client. It woa important to 
[Ui«r*fore, that the Bolidtor should know more than the dry contcnle of 
ab» Statute* of the day, tor be bad constant^ to give an opinion on 
I dinctly dttennined by Statutes or preceilent^, and enoraioris inlcreats 
^ hi* gifing a rigbt answer, the only chanee of which vat his know- 
e pruu^les imperfectly embodied io the cases nod Statutea. and hi« 
■Olenlific training to apply them to the new ciroumstanoea presented 
r. /oTuns might hare mentioned the eiialence of a legal faculty at 
[JoUegs with rBgolar courses of lectures, and aimilar lectures at King's 
d the Unirarsity of London with ila law faculty. The enstpncB of 
iitenity ritally aSeded the queation whether the propose'l institution 
~ " ' UTeraity, and Sir R. Palmer modiflod the terms of hla motion 
. . le droulBr of the Council of Legal Education on being cent to 
li^ of London, was considered by the CommitteP, annually eteotod by 
jj»o expression to their liewi upon any question. SoTcnil of the 
., like himself, members of the Legal Education Assodation, ao 
lehed the toatler from no unfriendly point of view. The conolu- 
Juitte* wsB, that if the new inatitution waa to be aimply a irhool 
■ide education for studenta of the legal profession, and with or 
j«lo Uoensa to practise and to mercise control OTor the praclitionow, 
KMiriulIy concur in it, aubiect to the title of uniTersity and the power 
^1 baiiig dropped. The Senate, after an inteiriew with a deputation 



I 



1 12 Legal Education. 

Palmer*8 recent Houee of Commons* speech, namely— "KesolTed, that 

opinion of this bench, the creation of a legal univenitYy to which the 

Inn? of Court nii^lit Ik> aflTiliuti'd, and throueh which l^ffal degreef mJ 

conferroil and diKMplino cxi'rc*i8od, would be dceirable. The motic 

eccondcd by tho pn'sont Tx>rd Clianccllor, then Tico-Chancellor Woe 

wan Nupportcd bv Sir Koundell Palmer, but it waa oarried in a wa^ wb 

not coiuiiuind the ou-oiH^ration of the other Inns of Court, and it fi 

a dead letter until Sir Koundell Puhncr rcviTed the subject in a \ 

wliicli IchI to tlie forniaticn of that association, the objects of whi 

thought, h:ul l)een very pn^ntlv nii!*undoriitof<d by some of the speakefi 

could not witliHtand tho a(Iv:in<^ii)^ wave; we were lirinff in times when i 

w}iether wo would or not, wa« coming ujmn lis, and tho lecal profemon i 

exempt from that change. What ho was about to say had no lefarencs 

conflietiu^ intercijts of tlio two branches of tlio profession, but it was a faol 

must not he ovprl(M>ked in the consideration of a better system of education 

Bur. Tho privilege (»f the Ikir was exclusive audience. Now ezclusiro ii 

h:ul gone h'foro tlitine tribunals whicli. if not reduced to their original i 

tions, would swell into proportions which would require the presenosof U 

Ix'M oflvooiicy. He alliuleil to County Courts. Without trenching to the il 

extent upontho iuterrf<ti» of the two branches of the pn)fcssion, bis expflK> 

the court H over which he prei>ided was that the distinction between bsirriil 

attorney wa^ liecoming merged in the union of the adTOcate and tbs itl 

Under the Bankruptcy Act questions affecting property were raised I71 

notice of mtttion, pre|)ared by the attorney in his ofilce without the aniKM 

barrister, and the attorney had personally to argue quohtions which might 11 

the attention of tlie ri)urt of Chancery, or any superior court. Questions of < 

and of order and dipix^sition of pn^i)erty were brought before this new til 

and hence it ^a* mo8t im|Hjrtant, alike foV the public and the prof essioi^ tkil 

shoidd 1)0 a better ti\>teni of education for both branches of too professioi. 

understood aright the solid wisdom and the sound statesmanship of SirBn 

Palmer, this mi<;ht b<> brought al)out by the establishment of what he ion 

without in the nlightest degree interfering with the separata control and tS 

rate discipline which each branch of tho profession miffht deem it right toi 

over itii mcmlx^rs. jle preferred to ujm) Uio term ** eacn branch of the pe^ 

for he coitsideriHl the profession of tho law to be a unity, and in the pr>« 

of tliat unity tho public interest was concerned, lliat agency shoul 

itself from advocacy was nt^t the result of any law, but the result of I 

operation of things themselves. Even under tho free trade to which 

had alluded, some persons would And it to their advantage to confine 

to agency or advoc:icy. Sir R. Palmer's proposals left thi2 separation 

for they contemplated the establisliinent of a school of law, in which ' 

of the profession in Xiondon and the country should be fairly repu 

Inc<irporatcd Law ,Society would etill confer the right to praouM on t 

and tho Inns of Court (m tho barrister, but in both cases the cert" 

examining body of tiio school of law would first have to be obtained. 

had shown, what was iir)t very palatable in some quarters, that the 

of later origin than the attorney, and the accuracy of his antiquarian 

testified by tho peculiar terms, the Attomoy-G^neml and tne %^MTil 

He believed that neither Sir Roundell Palmer nor any actiye tuppoi 

Association, of wJiom ho was one, had any thought of touching the qi 

person of the two branches of the profcwion, otherwise than u 

affected by external circumstances, over which no resolutioDi 

quarter could exercise the slightest control. 









1 







T%e Lmii r^ft'n^ tc Z<md. 



174 

TTould ba to Aeay th« banefit to the woH<] of Ibe re«l 
Americun forest*. * 

1( then there are any here who expect from nie a db«UtM 
most important and iutcreatSng suhjecis, I tvAr they t 
appoinuil. The theme prescribed to us is )i nhmfwer oi 
relatioa of the English community at large to il* land, bt 
relating to the devolulioD aud transfer of land, laws 'I 
suppose the esislence of pri»ate and pernooal owaerA 
framed for the purpose of Baying bow, and under what' 
land so owned aliall paM from one private owuer to anoihl 

Even with thete llmite to the subject, Its magnitude amU 
is bewildering. Nor is it aided by any externa) attraj 
the contrary it is so bc«et with technicalities, and so T^ 
poputur ideas and ordinary subjects of thought, b to « 
Bidurablo labour «ven to ntiderHland the lemtfl of the^ 
preaeuta. There is no royal road to law of etiy hind ; 1 
of real jiroperty in this couutry has Jong unjoyed an " 
reputation atone of the driest, moDt crabbed, and rerolling 
And yei if ditcuasions like these are to have any practical 
muat make ourselres understood, and must show that oof 
of general interest and importance. For we live in timeii 
institutions, which necessitale a papular appeal for e^ 
anieudmeDt. Not only are there the inevitable proftasi 
dices to be overcome, but behind tbem He privileged cfil 
oising greut and irrevpousible power, who are prooe « 
chuugc as such. It in not sufficient to prove your catei i 
vinoe a reasonable mnjoriiy of iutolligent minds, yod' 
awuken a keen and geiiersl interest, and obtain the tafl 
numbers before the vk incrfta can be overcome. ', 

Under these clrcuinstnnces I shall eadeavoar to confloi 
the sniieiit points of what I Conceive to be the Bubjecfl 
and I will apologise beforehand to such professiotnti crii 
bo listening to me, if I appear to omit important de1| 
use language professionally inaccurate, but " understand 
people." !■ 

First, then, 1 will take the transfer of Innd, premising fl 
expresBion 1 mean simply the machinery by which tandlj 
pass from one band to another, whatever the rights of* 
may be. On this point there are few people, except saoa 
vuyaiicors. and probably not meny of tfiose, who do iri 
opprobrium alliiehing to our Eugli«h system. Its npel 
lory, and vexatious character, iis pruueneas to drift iDtolj 
and, after all, tiie uncertainty of the title couferred by il,l 
exposed again and again;' and schemes for meeting tU 
some syatom of registration of titles hnre been propedj 
great number of years. It will be useful if I state hmt i 
has been dealt with. 



• Bee Beport of BegiBtratioD Coi 



>iui>i»o»,1867,:i|^fa^ 



Bs Artfatr 'BcbJtouu, Q. C 



ITS 



(;ear ]S57 aBoyal Commisaion, appointed lo consider tbe 
wie a report of the moat able and compreliensire oharactef, 
|mI(1 bo stutlied by ever/ one wiio dtiurea to understand 
f. I'be giat of tbeir advice was thai a geuerul registry 
,.efttabli»lied ; that the title registered therein should be 

rthe ree-simple or a't^ute ownership ; thiit chiurgen, 
beneficial iniereata should be protected by a Byslem of 
,ft aeparale rogifilry; and that it eLouid be competent to 
mofi^ Lo rcgistijr their title, to elect wlieiher they would 
jsct Co sdl adverse claims, or aa indefeasible. 
reftr l8o9, Lord CaimB, then Solicitor- General, introduced 
;li were ouiuly fouutled on the report of 1^57. They 
£COud readiuji;, aXter wliicb their progress vsa stopped by 
[(iQ of Parliaiuont. The eubjeot was not rusumiid till the 
I, wlien iiOsiX Westhury, then Attorney -General, iotruduced 
^li passed into Uiv and is non in operation. Tliis Act of 
art^d frpsi lUe report of \^a! in two most important 
. first, it aimed nt being very much more oompreben«ve, 
£d of Citttblishing a registry for absolute ownerships only, 
i4 that every speeies t>f interest should 1m entered on ibe 
in other word^. it bccume a registry of assurances rather 
l^lefi. , iS^pondly, it did not allow of the regisLration of any 
et as an indefeasible one. 

^ULT Qi gve yenrs' tibial it vfos found that the operation of the 
{^ was quite inttgnificHnt^ and that oo hopo of its incre&so 
[, Anoilicr cummissiou was a^poiuted to inquire into its 
ind poa^ihle luueudiueut^, and tl>is commission reported in 
J§l39. The ihilure of the Act ia fully admilted in the 
ibicli endeavours to truee. its causes. The Oommisaioners 
tinl^ that anything ia attributable either to the hostility of 
if^ofession, or to the shoi'tcomiags of the office, two reasons 
l^iaperlicial popular judgment i» rc&dy enough to assign on 
iuccasiou. Ill short, they think the Act has been fairly und 
iWurkcd, hut that it is itself defective in the two importunt 
Kin which it departs from the report of 1857. 
^erencjB b«Lwcua ceHiateriiig a tiile as JadefcaBible, and 
9g[i)i)e with all its faults, m obvious and enormous. For the 
wrnQse the regjsterjug owner must sliow a title such as the 
f[,.C|u>nccry, would declare lo be spotless, Le., one at least 
inoUl, aad,.with its whole subsequent history duly accounied 
I.IOiiit, llierefore, incur all tlie axpease ajid delny incident to 
Buy, sale) with a.piirchaser of the inosi exacting gtod con- 
[ Guiraot^r. Clear evidence was given to tbo Commissioa 
ibuiika uf such ft proceeding, was intolerable, and that those 
»t^ieii«ed it once were not likely to advise auy client to 
^B Ui mpfiiBOvar, when the title was once on the regist^ir it 
, MCe]it in a few peculiar cases, gain any advuniage, because 
idid not keep it there as a cleur and absolute owuership, but 

IAe neistratwQ of all aubsequeut dealioKs with it. 
i 



176 The Laws reUuinff to Land. 

Thus, tbe stream, cleared by a most laboriooa proeefls^ wool 
dialelj become muddy again. 

Such being tbe causes why tbe Act of 1862 failed of snoc 
Commission recommended a closer adherence to the report c 
They say, with the light of six years* actual experience, H 
highly wrought system is not, and will not become popafa 
they, therefore, endeavoured to ascertain by evidence what it 
people wanti and to suggest a machinery for supplying tlic 
that thing, and with nothing else. You will, perhaps, not 1 
out of place if I read you the conclusions of the Oommisiion 
point.* 

<' 62. We have had our attention called to systems exis 
other countries, but we believe that any attempt to imitat 
would only miulead us. In Ireland an Encumbered Estate 
has been at work, and there has been a most accurate son 
Australia and other colonies the land has been recently granl 
by the Crown after olTicial survey. The continental nation 
we believe, a more simple law, not admitting of the long setll 
that prevail in England. Other nations, therefore, have i 
points which we have not, and which preclude us from takin 
example as guides for ourselves. 

'' 63. Having regard, then, to the state of English law and ] 
customs, we ask, What is the object of establishing a Regi 
England ? Surely it is for the purpose of more easily and < 
transferring land. Ours is a commercial country, and we d< 
property, even land, to pass reaiiily from hand to hand. Th 
wanted is not security of the landowners, for they arc secure 
now ; nor security of purchasers, for they are content will 
they get in this respect ; but ease of transfer. Why then she 
aim at transfer with indefeasible title f Wo conceive that n 
shown conclusively that purchasers do not want indefeanbk 
that they are content with a good title, such a title as make 
reasonably secure that they can hold the land theniselTe% 
making a proper contract can transfer it without loss to othei 
little do they want an indefeasible title, that (as we have showi 
will for the sake of saving some cost to themselves, or even 
merciful consideration to the other contracting parties, oi 
certain blots and defects, forego requisitions, and be conten 
slender investigations. Now we conceive that no axiom < 
sounder than this, that for an institution to thrive in a free c 
it must offer to people the thing that they want If 
want cheapness and speed, and we offer them expense and 
they will reject the offer, though it may be accompanied wi 
most ample security. If men are content with good titlei 
should we force them to take and pay for indefeasible one 
they are content with parcels imperfectly described or define( 
should we compel them to take perfection at a cost of money 

^ Beport on the Operation of the Ltnd Transfer Aot> VS10% 



>leP Tfaesaa 



,Q.C. 



1 which V 



I fiuJ 11 



the problem is, not to fiuil a perfect system of land transfer, 
[ witli mathematicRl accuracy the ntiture and extent of the 

ever; ioterest in it, so that the record shall absolutely die- 
ifa the necessity of ordinary examinalior. and inquiries, but, 
VyBtem, which not impniring the present security of owners 
laers, and not exonerating a. purchaser from the easy and 
ask of looking at the outward and visible state of llie pro- 
A making inquiry of persona in outward and visible posses- 
^shall enable the legal ownership to be readily paseed from 
hand, and dispense with the necessity of enquiring after 

«(iuities and inCorests, whose only evidence is contained in 

locutnents." 

f myself been one of the majorily of commissioners who 

lis topori, it will be readily supposed that I ndvocnio the 

conclusions of it. What I submit lo this meeting is that 
if the present eyatcm of registration there should be eslab- 
K^stry, framed as closely as poaaibic on the principle of tbo 
jistriea kept by the Bank of England and all commercial 
Is, that nothing ahould bo admitted on this registry except 
lie ownership, that all subordinate interest eIiouM be pro- 
I m system of notices, or by throwing the duty of inquiry on 
n, and that there never should be any interval of lime for 
e land should be without a registei'cd owner competent to 
id titat this system should be commenced by allowing any 
Ir to reglsler bis litle at as short a date as he pleases, and 
O blots and imperfections of an earlier date. 
B reform were cfTected, 1 believe the net result would be 
vat number of landowners would register their titles, not as 
ble but a» dating from the time of registration, or from the 
Itaition by themselves. This would avail them but little if 
Ited lo sell immediately afterwards, but as time ran on the 
[tts would he great, so that in thirty years the registered 
Quid have such u title as is now commonly accepted, and iu 
era one practically indefeasible, on the production of no 
klcnce ihnu the certificate of registry. If the system was 

answer it might be made gradually compulsory by requiring 
Son of every property on its sale. 

tt to add here that a Bill founded on the Report of 1869. was 
eil by the Lord Chancellor in the session of 1S7U, but it waa 
17 the pressure of other business, and has not since been 

lot believe that anything more efficient than is here recom- 
jCOUld be done for the purpose of fucilitating the transfer of 
ler the present law of ownership. But this bringa us to the 
iponant question relating to the alterations which it is ex- 
to make in the devolution or ownership of land. You will 
IhoUtU tbal liaa beea biihertQ suggested cooaisls of improve- 

i. 1 



178 Thi LaiM relixting to Land. 

mentfl in the machinery of transfers. I am among those who fUi 
that, however much we improve our machinery, we cannot hare a vii 
simple system of conveyancing as long as we retain a very eompb 
system of law ; and that for this end as well as others the den 
lution of land, and the power of selling it, should undergo moffifld 
tion. In all schemes for simplifying transfer by registering only tl 
absolute ownership, it is necessary to provide for the safety of (Nfffl 
and unregistered interests by some system of notices. And nnct 
our present law such notices would, in some cases, amount toi 
absolute prohibition of sale, as where they are given on behalf of i 
infant or lunatic beneficiary ; and in many others they would, owb 
to the long period for which our settlements endure, be so numsvM 
and complicated as not to bo cleared off without litigation. Thm 
fore, the alterations I am about to suggest bear strongly on the fiuaBt 
of selling land as well as on other objects. 

Indeed, the increased facility of sale, or of a right to sell, is, poSf 
cally speaking, of far greater importance than an increased fadlltf < 
transfer by those who at present have a right to sell. In em 
country it must be of great importance. In a commercial eomitt 
its "importance is of the first magnitude. The land of a conntr 
being the most important and permanent of all its possessions and d 
basis of every local operation, should always be in hands capable i 
dealing with it. It has been well observed that just as the feoA 
law rccjuired that the freehold should always be filled by one captb' 
of contributing to national defence, and performing the duties of 
feudal follower, so the spirit of commerce now demands that for i 
purposes also the fee simple in land shall always be represented, an 
be in the possession of persons capable of fulfilling their now doti 
and offices which the ownership of land in the present state of soeiil 
entails or involves,* 

How far we are from such a state of things can only be gaesiei 
for we have no evidence, nor is it possible that we should have aii; 
approaching to precision. Before Mr. Pusey's Committee it m 
stated that two- thirds of the land was in strict settlement. Bi 
settlements may contain powers of dealing with the land for all coll 
mcrcial and social purposes. Relying on this circumstance, no hi 
an authority than the late Mr. Hayes says that a statement made li 
Mr. Fawcctt to the effect that only a small portion of the land can I 
considered a marketable commodity, is '' so wide of the mark that 
'' would be more correct to say that, with the exception of Blenheh 
'' Strathsfieldsay, and three or four other estates in the same categiol] 
'* there is scarcely an acre of land in England that is not saleabk 
Mr. Hayes was not only a conveyancer of first-rate eminence, but 
man of active mind and great accomplishments beyond the boood 
of his profession. Yet I cannot help thinking that he was midei 
by his own great familiarity with large properties and well drswi 
settlements, and by attributing far too wide an operation to a reett 



^ Report on th« Begistfation of Title, 1857, par. L. 



Si/ Arth»- tTohfiotup, Q.C. 



ii9 



oTwliicli I will say a few words presently. In these matters 
ectare wo are uU of ns guided by the little range of our own 
I will tbcrefore state what I happen to know. My native 
J in Somerdetshire. Half of it ia practically (though not 
I unsaleable, owing to the provisiona of a seltleDieitt uud tlia 
ty of au owner; of the other half I know nothing. Tliia parish 
)xed by seven other parislies. In one the bulk of the land ia 
kbie, under the provisions of a will made some fifty years ago. 
ofhera the largest prupertiea {I believe quite half of the whole) 
llJe&ble, under a will made some forty yeara ngo; and of the 
dor I know nothing. In a fourth, balf the land haii, witli a 
nterval, been unsaleable for a period longer than I can recol* 
ring partly to a seltlement, and partly to the disability of an 
I and of the other half I know nothing. In a fifth a con- 
farm is uuaalcable, under a will made about thirty years 
at as mach again I know to be free, and of the rest I know 
As to the other two pari&lies, I have no eufGcient infoi'- 
Bpeak. There is no reason to suppose that my neighbour- 
B an exceptional one in this respect. So far as my pro- 
>I experience goes it is very common to find land legally 
ble. My belief is that the alatcmunt attributed to Mr. 
is not far from right, and that, to sny nothing of the ini- 
ODS of powers of sale as compared with absolute ownership, 
lai^ portion of our land is absolutely fettered, and made 
iDaiienable. 

report of lfi59 (par. 92) takes notice of this, and suggests 
ore exlensive powers should be conferred on the Court of 
iry. Soma powers for the sale and leasing of settled estates 
onferrcd on the Court by an Act passed in the year 1856 ; 
lb » stop was considered by our landowners as very dangerous, 
Act was overladen with precautions. It does not apply at 
sea where the difficulty consists iu the infancy or lunacy of 
ler, and the number of consents and notices it requires preclude 
tn in some cases, and, in all, render it cumbrous, dilatory, and 
ve. Moreover, a sale is by no means a matter of course, but 
irt must be satisfied that it ia beneficial to all parties. The 
jnidpubtedly useful and, for large properties, is used ; but ita 
ptt is very luniled, and, considered as a remedy for the national 
fa insigniticani. Remedies to be effectual should work with- 
mrse to the Court of Chancery, and at the will of the parties 
^ In the pi-operty. 

the title of a registered owner should, on his death, pass to 
^wnl&tive is a clear consequence of the plan of registering 
I ownerships. This is pnrt of the plans suggested by the 
of 185T and 1869, and of Lord Cairn's schemes. But it 
untouched the question what the represenlativa Is to do 
e land when ho has got it. 

^Dis to me that a dead man's lands ought, like his other pro* 
to his executor for all intents and purposes. As long 
12—2 



180 ^Ihe Laws relattnt/ to Land. 

fts the beneficial owners are under disability, the ezecnt 
trustee should have power of alienation as absolute as ] 
over consols or leaseholds. The con^munitj ought not i 
land being made inalienable because the owner is an infant < 

In cases of intestacy, the principle of devolution so Ion 
contended for by Mr. Locke King ought to prevail Th 
with which such a change is combated is a curious inst 
unreasoning force of habit. So difficult is it to disec 
minds from temporary and local circumstances, that wo 
mistake what is customary to us for what is natural, uni 
eternal. And so under certain contingencies wo quietl; 
ourselves to the spectacle of a whole family impoverish 
aggrandisement of one. I have heard the law of pri 
defended as being the plainest dictate of nature, and, mc 
accordance with the divine commands. Certain it is 
estimable gentlemen resist a change on the ground that 
one of the safeguards of English society. And yet I wi! 
to say that there is not one of those gentlemen who, wh 
himself to make a will or a settlement, does not by his act 
the law. Is it not a matter of course for a man to prov 
wife and all his children ? What would be thought of a 
stripped all the others to enrich a single one ? Wei 
should do for us, as nearly as an abstract rule can, that i 
of us does for himself when he has time for reflection i 
The Statute of Distributions actually does this. It is v 
that a man leaving a family makes a more convenient wi 
law makes for him as regards personal property. I nevi 
complaint of it.. Let it do tho same with land, and com 
be as rare on that head. I do not go into the historical < 
rian side of this subject, though it would be easy to shov 
law rests on purely feudal and military grounds, whict 
centuries have ceased to have any existence, and that the 
for the application of that legal maxim which the coursi 
constantly belies, cessante ratione cessat lex. The law of 
which was displaced by the military system of the Norman 
better than primogeniture ; but our law of personal proper 
still, and the mere advantage of having one principle of c 
for real as well as personal property would be not inconsic 

But such reforms as the foregoing will be comparati 
if we leave to landowners the large power they now 
remaining the owners of property after they are dead, a 
longer be influenced by the demands and the opinions of 
It will be convenient if I recall to your recollection the co 
our law has taken on this subject, and perhaps you will 
if I do so by repeating what I have said on a previous occi 

*' Our feudal ancestors kept before their eyes much m 
than we do the principle that Man is Lord of the earth 

* A Lecture on the ChamcteriituM of Charitable Foundatioiis 
LongmaoB 4 Ck>. 1869. 



fffobkotue, Q.C. 

^^ The early beaeAceE or feuds eDdured only for tlie life of tlie 
eflcluy. But the usual dceires of mankind soon tunnifested 
nsetves. The gr<ut feudatories wislied to leave their fiefs to 

r diildreu, nnd favoured by ci re iiui stances tliey aucceedeJ in 

luinng (be power of poathumoua disposition. They then wished 

ireT«nt the lands passing' away from their families ; aud so they 

nit«d A new mode of disposition by which the lund did not go t^ 

-one in ]ibsoIul« ownership or fee simple, but was given to one aud 

< beire of his body, which was intended to create a limited owncr- 

r foe Iiiil. This disposition would, acconiing to the settlor's 

m, carry the land through all generations of his descendants, 

tiiU It should never be aliened by lljem. But this device was dc- 

1 by the astuteness or audacity of the judges, who it is rensou' 

snppOHe were instigated or at least enuourngeil br the l.'rowu. 

I judges held th&t by a gilt of this kind nil tb&t was mpant waa 

ibsolute gift in fee simple on condition that the donee had a child, 

I that the moment be had a child he had performed the condition 

I look (he land iu unfettered ownership. The barons, however, 

re UOl BO easily defeated. They were poweiful enough to pi*ocurc 

Act of Parliameat (paased in 13 Kdw. I.) which pi-ovided in 
Ml that settlements of this ktnd should be construed literally and 
raid UktT effect according to the form of the !;ift. Thia law re- 
ined In force for a long time. Wheu it was first encronclicd on 

cannot tell. It was nut repealed, but was gradually undermined 

tnitj devices of the lawyers wbich were finally establi»bed as 
nd Ifgal processes in the reign of Edward IV. This time the 
KM adopted were fictitious lawsuits, the most efficacious of which 
n called Recoveries. In these it was pretended that the entailed 
d belonged to a stranger who brought his action aud got his juds- 
»i but ihia stranger was really the agent of the tenimt in tail, 
I when he got the land was bound to deal with it as his employer 
Thus tlio t«nant in tail became the absolute owner. The 
vns had by this time much declined in power and did not pm^s any 
~h Statute on the subject. But they were not satisliiHi with the 

>UBt of dominion allowed by u simple eutail capable of being de- 

Bd by recovery. They now had recourse to the lawyers, who 
riaed new modes of shifting the land from one to another by which 
•n^I be kept from alienation for long periods of time. No sooner 
I (his DflV form of the old evil apgvenr than the judges began to 
inlenwt it. They laid down as a maxim that the law abhors a 
rpeloity. What was a perpetuity was not ao clenr, and the rea- 
tiogi on this subject are intricate and perplexing to the last 
SulHce it to say here, that any device calculated to prevent 
/ Fmm vesting in absolute ownership for any longer period 

n for existing lives nnd twenty-ona years mure, was ultimately 
lad to be that wicked thing which the law abhors, and was ad- 
\, d to be void accordingly. And anoh is the law to this day." 
Nuw it is very remarkable that this law is not the reiiult of any 
aioDi^l deliberation. Neither the befcditary legislature nor the 



182 The Lam rdating to Lan4* 

representatives of the people have had any voice in it. It if s 
the inventiou of a series of judges. It probably suited the previ 
views of the leading men of the time, otherwise it would h 
have been promulgated, or, if promulgated, would have ej 
opposition. But amidst all the obscurity attending its estal 
ment, one thing is clear, and that is, that it was thought to 
great advance in, and security for, liberty of action. By w 
evidence for this, I refer to what Lord Coke says of Mary For 
ton's case, which was one of the decisions overturning atten 
perpetuities.* Ho says — 

*' Then have I published in Mary Portington's case, for 
general good both of prince and country, the honourable funer 
fond and new-found pcrpetuitief?, a monstrous brood carved o; 
mere invention and never known to the ancient sages of the la 
say monstrous for that the naturalist saith Qtiod monslra genen 
propter corrupfionem alicujus principiL And yet I say honoui 
for that these vermin have crept into many honourable fam 
At whose solemn funeral I was present and accompanied the 
to the grave of oblivion, but mourned not for that the Comi 
wealth rejoiced that fettered freeholds and inheritances were » 
liberty, and many and manifold inconveniences to the head ao' 
the members of the Commonwealth thereby avoided.** 

It must be remembered that people were then familiar witl 
spectacle of perpetual entails, and had only recently been ri 
them. But many political movements which in their day 
highly promotive of freedom, are now found to be restrictive • 
This, in my judgment, is the case with the law of sottlemci 
perpetuity. It is high time that this subject which lias never 
the subject of deliberation or decision by the Legislature si 
become so, and that the question should bo distinctly raised wh( 
it is not right for each living generation to exercise full domi 
over the fruits of the earth, and the power of judging for i 
what is most for its own good. 

Now the effect of our law of perpetuity is this — that the sc 
of property can take the dominion over it away from those w 
ho knows, to confer it on those whom he does not know, naj 
those who are unborn and may never come into existence, 
power is very commonly exercised to its fullest extent, m< 
because it exists, and without tho slightest reason beyond the ] 
sure of exercising power. A testator will not allow his son, the 
he may trust him and love him, to make arrangements for his 
children at a time when ho knows their number, their charac 
or their needs, but insists on making those arrangements him 
some thirty or forty years beforehand, when nothing whatevc 
known of the circumstances to which they will apply. The r* 
is that, among the richer classes of this country, a very 1 
number of families have their property governed, not accordin 
their own desires or necessities, but according to the guesses oi 

* Rid., p. 24. 



By Artiivr Hohhoitu, Q-C. 183 

Im of some one who dieil long ago, and who could not, aveu if 
rilhed, omke Iho bast arrange men la for them. If we were now 
sainK to oonct auoli a law, this statement of it would probalily 
longh to euBure its rejeotion. WlinC could ba more irrulional 
» maintain that each generation sball be considered moro 
WIAnt to foresee the needs of tlie coming one than tlist one, 

I arrived, U to tee tbem ; and that the disposition of property 
UQTer be brouglit abreast of the existing age, but shall always 

Kibject to Iho views of the past age. Yet such U the direct 
" of our law of posthunioua disposition ; and according to my 

^ence the phenomena arc much in accordance with the law. 
tbe tree is, so is the fniil. The cold aud numtjing influence of 
dead hand is conataully visible. 

un not going to discass the more public side of this cjuostion, 
rhich task indeed I am not equal. The law is both attacked and 

dad on grounds of general policy and of political oconomy-* 

I I {la^a by now. Whether u curtailment of the power of sottla- 
wonld tend to break up propcrtiea.f or, if it did so, what might 

Ills polltinal effect, 1 do not presume to say. Such inquirleu 
to nie of a very remote aod caujectnrul character, even when 
leted by competent persons. What 1 consider to be not con- 
ml, bat proved by experience in all human affairs, is, that 
lU are tho best judges of their own concerns; or if they are not, 
it is better for thorn, on moral grounds, that they should munagu 
I own concerne for themaelTea ; and that it cannot be wrong 
imially to claim this liberty for every generation of mortal men. 
It there is another side of the question with which my profes- 
1 experience has made me familiar, and this id the department 
"lich tha law directly applies, aud iu which it produces lis 
liate offect. The interior of every family of any opuleuce is 
tA by the law of settlement, and tho eflfect of the great power 
id to settlors is very prejudicial. I am not speaking at raudom, 
ith many iustances present to my mind, in saying that a Elriot 
uenl is apt to place every one concerned i[i a false and con- 
ed position. The father of the family, out down lo a tenancy 
ife, resents the restraint, disclaims responsibiUty for tho inherit- 
ad declines to assist it by improving, or to spare it from 
ns by saving. If he has only daughters, tho matter is worse. 
Us death they and his widow wiU have to leave their home, of 
lome collateral, more or less difstanl, will take possession; 
why Bhonld things be made comfortable for him T If he has a 
'a sura of his euccesaion ; he owes hia property to hU 



VnallT under the Dame of tbe law of pnmogoniture, a name iiioccunite 
' " . JCho important law wbirh people rwUj wiali to diacusa tnay be 

af pecpetuitf ur of settlement, or, ii3 I haye uiualtj csUoI it bare, 
Mbiimoiu dispwilion. 

A» tar at luj own amall txpcrienoe goes, I hf»Te found lUat strict BetliemBFits 
lA (mI<t, but retard ■ccumulation of land, n prooeu which, I lutpect, is due 
If la nonl nuiiac, and cliiefly to monetarj onm, aad aot iu as; degree to the 
lof thelaw under cotuidotation. 



184 The L(xm relating to Land, 

grandfather, whom he never saw, and feels independent of all 
tionB. If unable to make Batisfactory arrangements with hi 
about money, he will raise it by post-obits. If there is n 
the relations between the life-holder and his collateral suocea 
much the same. This is the case, supposing him to be a n 
does not exceed his income. But supposing him to be eztrs 
then is seen a most melancholy sight. A family with wealth 
to provide for their wants and give them some start in the 
))ut with it all placed out of their reach during the fathti 
the income goes to his creditors ; tlie children may grow i 
state of ignorance and destitution ; he is trying how far, by 
ling trustees, or by the astute exercise of legal powers, 
encroach on their portions ; they arc expecting money in the 
and making no adequate exertions in consequence. It is f 
that many men wouhl bo restrained from squandering their f 
if it were not for the delusive idea that the capital is placed 
their reach, and will be saved from a wreck. But be tliii 
not, it is better, far better, even for the cliiidrcn themselves, 
notliing of the public at large, that they should, as regards ii 
property, stand or fall by the parents* acts, and that they sh( 
undergo the excessive trials which beset every one who is po* 
but rich in expectancy. 

Of course, I 'am not saying that the effects just describee 
fact the uFual result of strict settlements. Men are coi 
better than their la>vs ; and family affection, prudence, self- 
and a sense of right and justice are always operating, and 
cases with success, against the tendencies I have mentioned, 
say is, that these virtues would operate more freely and effec) 
people were led with more freedom and more responsibilit 
settlements have a tendency to blunt the sense of responsibil 
shackling freedom of action, and to impair the delicate inte 
dence of parent and child ; that these tendencies come fre 
into partial action, and not very infrequently into full-blown 
My belief therefore is, and has long been, that society i 
would gain much, and lose nothing, if the power of settleme 
restricted. 

What wonder if such an extraordinary law is peculiar to on 
It is pointed out by Mr. Hoskyns in his able essay on these Is 
**our colonies have one and all wisely shrunk from theii 
sitions. The United States rejected or repealed them as 
they were free to choose ; and there is now " (witli the nnfc 
exception of Ireland) '^ not a country of the civilized world ii 
they survive.*' 

The question then comes to what extent they should be resi 
Now I am no advocate for the introduction of the Code Ni 
That law seems to me to be open to the same charge as 
being too restrictive of freedom and of cstablishiug a false | 
between parent and child. I believe that free testation is ih 
system ; at ail events it is not proved to be the worse one, as 



By Arihx» Ht^iiuMH, Q.C. 



tss 



DH)d not he made wtrtinut a strong cose agninst the oxistinfr 
ifld should not ha more than coextensive with tbe mischief 
ed of. I should wish iheo to eee every landowner free to 
le persons who are lo succeed him in the possussiou of hia 

■are Is nn obvious dilTereDca between iho choice of sucecs- 
lug living persona wjioae cxisteoce is nBcerlnincd, nud who 
er (by tbemselvea or by their guftrdians) at once into 
n, and un attempt to forecast cventd or nllcrniilive groups 
; and to shift property nbout aceorilingly. A clear obvious 
Ine \a drawn far n* between those persons and events which 
ft knows and set^s, and those which he cannot know or bcc. 
he former province wm may trust his natural iiffbctions and 
(ty of judgment to make better dispositions tlimi any ex- 
yt w likely to make for him. Witbin tbe lattur, nattiral 

does not extend, and the wisest judgment is constantly 
f the course of events. I submit thnn, tbat the proper limit 
nlty is that of lives in being at the time when the Eottlo- 
:« effect. 

Ifaservations will at once occur on the ahove proposal. One 
a ordinary marriage selllement providea for persons not iu 
That is BO, and I can easily ima;;ine persons who would 

limit other ttrrangcments, but would think it impriidi'nl to 
with marriage settlements. I do not myself think bo, 

it may safely be left to the parenia to provide for the 
\ «nd according to ray experience it is done in a more 
>ry way when they are not fettered by coutracln made in 
At the same time, settlementa made upon actual maiTJago 
!te most part dictated by motives of reasonable prudence, and 
ubilloQ, or the love of power, or blind obedience to cn*tom, 
Mlitwns of the family lawyer. And if it is thought dcsir- 
ank« nn exception in favour of expected offspring, it could 
Uer of law he easily effected, and as a matter of policy lie 

without any great encroacbment on the general principle. 
bserv&CioD is that most of the arguments hero advanced, 

personalty as well as to land. They do so, and I should 
lee the same law governing both classes of property. The 
rever, is more conspicuous with regard to land, because it 
tre visible and important kind of property, and the duties 
t on ita possesnion aSect the common weal in a more direct 
ediatc way. 

It not to close an cimmcralion of desirable clianges in the 
m of land without observing on the Statute of Limitations. 
I it is the opinion of most profeasionol lawyers that Ihe time 
tion may very advantageously be shortened, and I submit 
I eonrideration of the meeting without further attempting lo 
I myself. 

n, reforms of this kind here suggested could be caiTied into 
f belief is thai the Uud of this couQti'y would be placed in 



186 Ths Lcw}9 rdating to Lflnd. 

the position best adapted for the needs of an actiTe and comniMeiil 
societj. And the establishment of a registry, though undoabtedh 
very difficult with our present law, would become simple 6noii|^ • 
when the law of ownership was simplified. 

The alterations I propose may be summed up as follows t^^ 

(1.) That a registry on the principle of the Sogistry of Ooniob 
should bo established. 

(2.) That there should bo a living responsible owner for all liiri| 
capable of dealing with it, subject to accounting to the beneffciarifla 

(3.) That the land of a deceased owner should pass to his execator 
to be dealt with as money and leasehold now are. 

(4.) That land should not be settled on anybody not in ezisteofle 
when the settlement takes effect. 

(5.) That the period within which au action may be broagit 
should be shortcncil. 

In conclusion, I will only warn the meeting of the extnma 
difficulty of carrying any such scheme as here sketched ouL For 
many years Mr. Liockc King has expended great energy and abiliq^ 
in contcndin^^ for the simple object that in cases of intestacy, aman^ •■ 
freehold should go as his leasehold for 10,000 years would go, tad 
as the deceased himself would in most cases wish it to go. Anl 
yet until the present year he has not had any hope of success. TIm 
more important alteration of shortening the period of settlemoit ii 
likely to meet with yet greater opposition. I believe that grMl. 
landowners think that such a reform would lessen their power. Tv 
my mind this is a plain error. It is a distinct increase of power tv 
each generation in turn that it should be absolute owner of its posMi- 
sions, and not share the ownership with the dead, or with thi 
unborn. From the few who by accident became unfettered fee-Bimph 
owners, the phantom of power which consists in dictating to fatara 
generations would undoubtedly be taken away. But the tenaoti 
for life who have to bargain with their sons, and the tenants in tul 
who have to bargain with their fathers, will be released firom thil 
necessity. All will be freer in their own position, and be freer tQ 
discbarge their duties towards the community. But though thb 
may seem clear enough to us, we must not expect it to be clear t9 
those who suspect and dislike change. If there are any here wiM 
adopt my views and resolve to carry them into practical effect, they 
have a long battle before them. But they will have a good cause; 
and with patience and perseverance they will win the victory. 



On the Same. By Mr. Serjeant Cox. 

TWO parties are demanding a reform of the laws that rcgolito 
real property, but with very different objects. One demaodi 
reform only, the other seeks a revolution. 

The purpose of this paper is to consider what refo^o^ are reqoirej, 
and in what manner they mav be accomplished. 



By Mr. Serjeani Cox. 



187 



iintcle&rl/ see wlmt ate the evils compliiincil oH 
l>»Mnce or the grievBnce ia thut laud is uinno|)olUeit by a 
h mftiiy fue deairoua to possess and willing to purcliase 
prevcnicii througU the inability of the owners to sell, by 
the law of inUoritauco, of settlsuiQats, iacuuibi'&uceB, and 
uent coats of ttuuafer. 

t enter upon tbo wide political and ecoaoinical quostionii 
l>fien raised with respect to the ownership or the occupa- 
id. There is uo immediute prospect of the predomiuanco 
y who demand that real property ehall be taken from ils 
isscssors by the State, with a compensation paid by a tax 
evied upon the property to be iliua abstracted. Beforu 

rerolatiou ciin be accomplished, there must be an interval 
t will be the part of li'ue sltttesmansliip to avail itself for 
I of all rea! grievances, the cure oT all proved defects, and 
reforms to remove from llie foes of property aud sooiiil 

grouiiit they are always so eiiger to occupy, covering 
revolution under profesBiouii of rdbrm. Uy pr<in)pt aban- 
jf wbaUiver is indefeuaible, onii remedy of whatever is 

frioDds of order will make a better figiit of it. when thu 
wnflict with the auarchisls shall come, 
ben, ore the alleged causes of (lie asserted monopoly of 
r(y ! Tbey are :— I. Variety of Tenure ; If. The Law 
Bcaj IIL The Powers of Devise and Setllement ; IV. 
; V> Tito System of Conveyancing. I propose to considi^r 
19a alleged grievances separately, 

BIT OF Temjbr. — This is an evil undoubtedly. It 
e passage of real property from those who have to those 

1^ and it LB oft«n a serious obstacle to improvcmcnu in 
of iu possessors. Lands of diSercnt tenures, freehold, 
ind leasehold, are so commingled that it is often impossible 
4 lui estate of convenient size for pleasure or profit with- 
at and trouble of an inves^galjon into as many distinct 
ere ore tenures, besides the iaconvenience of restrieiions 
ajoyment of the whole because some trifling portion, not 
old, cannot he freely dealt with without incurring liabil- 
f themselves constitute a bar to iraprovemeuls. For in- 
^aw ft freehold estate in the neighbourhood of Loudon, 
^ of which are twelve acres of copyhold. The ofieut 
iinents, of which the land is very capable, and which the 
wirous to make, would bo simply to increase the charge 
bisement. But, it will be asked, why does he not resort 
^hold Enfranchisement Act and relieve his property from 
fT For the sufGcieut reason that the Commissioners take 
It, not merely the present value of the copyhold, but its 
ospective value as being capable of becoming land for 
: some iadeQnite future. The copyliold in que.ition is 
r inheritance, with a small lixed rent (about 9s. only), and 
^misaipn of two years' annual value. The actual aouual 



188 The Laws rdating to Land. 

value of the property is 2/. per acre or 24/. for the whole. The 
at two years' value would be 48/. ; the rule of enfranchiMmai 
said to be two fines, the rent at thirty years' purchase, and 
steward's fee. The charge for enfranchisement of theae 12 a 
should be, therefore, about 120/. The sam actually demande 
600/., being only 100/. less than the purchase money of the ei 
itself. This is but one of a multitude of similar cases, but it 3 
trates the nature of the grievances growing out of the varie* 
tenures. 

The remedy will be to bring about an uniformity of tenure i 
all practicable speed. Facilities should be provided for tlie < 
version of any tenure whatever into freehold. This might be d 
by extending the functions of the Copyhold CommissionerSi i 
should be empowered to enlarge to a fee any other tenure, en 
a life interest cr a leasehold for a term originally created ibr 
than 100 years. The duties of the Commissioners in such « 
would be to assess the difference of value between the estate ] 
ser«sed by the applicant and the fee ; to direct such value to 
paid by the applicant in cash, or charged upon the property A 
limited term, according to circumstances. Any money so reeei 
by them to be held in trust by the parties entitled to the fee, as i 
as to any large estate than that of the applicant, and to be p(ud c 
to such owners on satisfactory proof of title. 

It would not always be practicable for present possessors to 
at once, nor, indeed, could tiie charges be in all cases property 
posed upon possessors who have temporary interests, or who 
merely trustees. I propose, therefore, to empower the price of 
fee to be made a charge upon the estate, where circumstances nii 
render such a course expedient, upon the same conditions and fa 
same manner as is now provided witii respect to moneys taken 
for drainage and other improvements. 

The enfranchisement of copyholds should be further faeilitaiad 
enacting that in no case where the copyhold is of inheritance, 
the rent fixed, shall possible prospective value be taken into aoeo) 
but that the copyholder shall be entitled to enfranchise on payn 
of a sum not exceeding two years of the then annual value, di 
years* purchase of the rcntcharge and one steward's fee ; and ' 
in the enfranchisements of all copyholds in which the lord bt 
larger interest than this, the value of such larger interest ehal 
calculated separately, and added to the above estimate as the pric 
such enfranchisement. 

To promote enfranchisement, the same power of charging 
estate with the cost of it should be given, as above proposed, in 
case of enlargement of other tenures. 

This is, of course, a mere outline of a scheme, by which the 
sirablo object might be promoted of reducing all the varietiei 
tenure now prevailing to three, viz., the owner in fee, the owner 
life, the tenant for a term of years not exceeding one hundred, 
do not pretend to have constructed the details, which wQuld leq 



yeaat Coxt 



BriODS elaboration, and Bll n gooill; volur 
only ta suggest desirable refuirtu, n 
tribune nt. 
The FO<-on<J of tbe alleged giievancos of this present Uw is, 
U. TuE Law ov Ihuekitahce. — Against tbis two objections 
ne ueuailj preferred ; 

Firat, that tbo law of printogenilure is unjust and injurioua to the 

cooiniunity ; 

ScponiUjf, that for tlie express purpose of preventing the iw.ouinu- 

ion wf Innd by indiriiluala, the owner should have no power of 

Ipowd of his property, but that it should be equally divide'l nmou^ 

f oest of kin in all cases. Some more moderate reformers, 

rer, would restrict this compulsory divisioa of property to real 

periy. But this party has no slaad point, for if such be tho 

|ht mode of dealtDg with one kind of property it cannot well bo 

Dag with (he otlier, and if it hIiouU ever come to bo ailoptud in 

jf Quuniry, tbe rule will aaauredly be applied to pei'sonalty ivs well 

■la re^ly. 

Altliough the great miijarity of the advanced reformers, from 

'mtial motives, at present limit tiieir demand to the abolition of 

jenilure, Icaviug to the owner the right to devise his property 

Is ttbdolute discretion, distributing it only in cose of intestftcy, 

e can be no doubt that the ultimate design is a compulsory 

I deiith. Much has been said both for and against this 

a t but it is not yet ripe for public discussion, and some years 

D probably elapse before it will tak« a practical shape, therefore it 

it now necessary to consider itui alf, and I limit the suggestions to 

jtBrst proposition, which has already assumed the form of u project 

■ law, and will erelong offer itself for formal decision — the oboli- 

• of the law of primogeniture. 

■ Hie practical cfTect of the law upon tho distribution of land tn 

I tiraea has been enormously exnggerared alike by the fema 

Elu supporters and by lite hopes of its oppouenia. If it had not 

pied during tlie last century, the devolution of estates would 

> been very much what we have seen. The desire of owners 

fUttnin a i'amily name, aai still more, to keep together Ihe estates 

^ whoso iiossession they were pi-oud, Ima been the prevailing 

Mm for preferring to endow with them one sou instead of cut- 

K them into small portions for several children. If the owners 

I estates have not made wills, bnt allowed the law to takes its 

, it haa been because the law was in accordance with their 

They who really desired tho division aad distribution of 

iT properties might have made wills, and so carried their desin-s 

» effect. That they have fiuled to do so is the best proof that 

V law regulating tlie transmissiou of estates has expressed the 

alent views and wishes of those for wliom it was made. 

E Th« abolition would have little practical etTect upon tiie distribii- 

BOD of real property. When owners know that if they would 

Hpr«Berve the oeiate in the family," as it is termed, they must maka 



190 The Laws retating to Land. 

a will, thoy will mako a will, and do by express devise what hitherto 
they have trusted to the law to do for them. If a man is ths 
possessor of largo landed estates, and, knowing the law, fails to 
comply with its proviHions, he cannot complain of the conseqneiieei 
of his own negligence. Not only would no wrong be done to vq 
single person by the abolition of the law of primogeniture^ bai i 
positive good would result from it, in the inducement it would ofir 
the owners of property to make their wills. That solemn act ii 
making a will brings directly under the notice of the maker tlii 
claims natural and social upon his bounty which may be banifllid 
from his mind in the occupations of busy life, but whieh foMi 
themselves on his attention when ho is deliberately resolving lio# 
his property ought to be dealt with after he has himself paaaj 
away and can no longer enjoy it. 

The only real inconvenience that has been suggested as likely (d 
result from the abolition of primogeniture is the difficulty of difid- 
ing small properties, such as an estate of a few acres, or a hooie. 
But the answer to this objection is, that the inconvenience hii 
always existed in the case of leaseholds, and is found in practice to 
be easily overcome. A large proportion of houses are leasehold ;lNit 
there is the ready resource for those who do not like the Statute of 
Distribution — let them make a will. 

The next is a more difficult and doubtful question, 

III. The Powers op Settlement and Devise. — In these wii 
be found the most formidable obstacles to the ready sale and chetp 
conveyance of real property. 

It is the existence of such charges that prevents sales of land, 
for a purchaser is reluctant to buy subject to charges, and trasteei 
are unable to discharge so as to facilitate a sale. It happens oon- 
tinually that a comparatively small charge is imposed by a devise or 
settlement on a large estate. As the law is, this charge extends 
over the whole estate, per mie ct per tout — every part is burdened 
with the whole charge — even although one-tenth of the estate would 
be of sufficient value to secure the whole. Trustees, who lie 
already exposed to the most unjust liabilities, dare not exercise t 
discretion and sell any part discharged from the burden that is 
throvn upon the entire estate, and as a consequence the whole ii 
unmarketable, although not a tithe of it is really burdened, and it is 
for the equal interest of all parties interested that a sale should be 
effected. 

The present power of devise and settlement is limited to a lift or 
lives in being and twenty-one years afterwards. It is contended, 
with much force of argument, that this is too long a time over which 
the dead should be permitted to control the property they have left 
behind them. The inclination of owners is generally to exereiM 
this power to the utmost. There is a sense of satisfaction in thu^ 
as it were, living after death, and controlling what they can no 
longer possess :— 



•, i^tjeani Cox. 

W« hare no titlo deeda to hoiiso or land* ; 

Ointera nntt occupants of eftrtier dates, 
Prom gnTM forgotten itrelcli their duetj bnnde, 

And bold in roortiruitn stiil their oM eetales. 

vil fvdmittoil, Ihere is little choice of remedies for tlie 
Either he must still further limit the power to charge 
I, or he innst abolish it altogether. This laat course 
[tlcnded with great incooTeuiences. For instance, the 
ui c4tBte has live chUdreD ; he wants to portion his 
to establish his sous in business hs tboj arrive at 
If the estate caiUaot be charged with these burdens, 
)uld remain to his representatives but, upon the first 
; prefurred. to sell the estate, and so take it from (he 
horn it had been given subject to these charge.'^. But 
ee fre'iuenlly extend over long periods of time, and for 
rate as impediments to its sale. Would the incoiiveni- 
olishing the power of making them bo grcnter than (he 
vantages ? 1 fear they would. 

.a of doubtful policy to abolish the power, miRht it not be 
This question has been of (en asked of those who 
strongly against the present powers of devise and settle- 
have not yet seen a practical answer accompanied with 
lion of a defiaite plan. A limit of time is at best only a 
of the evil complained of. It would not relievo titles 
leCMsity for investigation which is now the main cause 
lineas of conveyancing. If any charge of any kind is 
Litle must be looked into to see if any such charge exists, 
ir the inquiry be limited to life instead of twenty-one 
it would make little real difference in trouble or cost 
early be impossible to aboliah mortgages ; but settlements 
nothing but mortgages ; both are charges on the eslato, 
i dealt with in like manner. If one is to be limited, so 
e other. The only difference between them is that any 
pay off the mortgage, but cannot pay off the settle- 
consideration has suggested to me the plan which I 
X to propose with considerable confidence, as calculated 
(he difficulties of the question without inconvenient re- 
thfl present powers of charging. The design is not new 
It has been adopted by the Legislature as the natural 
the same difficulty when it stood in the way of the ready 
of land required for public purposes. 
}|y to apply to all land the practice adopted with respect 
uireil by railways, &c., namely, to permit of its being dia- 
any time by any person entitled to the actual possession. 
Urges and incumbrances whatsoever. We have had now 
ipcrience of thia process to prove that it might be 
ihout serious inconvenience, and %vithout wrong to any 
ireated. Whoa land is wanted for arailway or (br public 



J 



192 The Laws I'ttatvig to LatuL 

works, wliatcvcr the burdens upon that land, thej can be removed 
if 80 desired, by tlie rational process of a valuation and payment of 
the value so found into court, to abide there the establishment of 
any claims that may be preferred for it. The court adjusts the 
rights of the claimants, and distributes the fund accordingly, but it 
strict compliance with the provisions of the settlement or will, nor 
have I ever heard of any actual injustice having resulted lo aaj 
person from this arrangement. I propose to extend this proceM to 
all owners. If the land has any charges upon it of any kind msdt 
by any instrument, the person in lawful possession as the owmt 
should be empowered to apply to the Copyhold Commissioners for 
a discharge. They should cause the necessary investigation to bi 
made into the validity of those charges — their values to be aso«^ 
taincd by competent valuers, and upon payment of such estiniatad 
values — either to the Accountant-General in Chancery, or to aa 
officer to bo specially created for the purpose, under the control q( 
the Copyhold Commissioners, a certificate of discharge should bo 
given to such owner, which should be equivalent to the enfeu- 
chisement of a copyhold by the Lord of the Manor. 

It is unnecessary to describe the details of such a scheme, as tfaaj 
should govern the conduct of the Copyhold Commissioners (or of 
their court), in dealing with the fund thus confided to them. It 
would follow very nearly the same course as is already pursued witk 
respect to the like fund when paid for the discharge of land takes 
by a railway. 

IV. MoRTQAGES.— No practical difficulty exists in the paying of 
of a mortgage beyond this, that it usually requires a reconveymM^ 
and sometimes there is difficulty in discovering who is entitled li 
receive the mortgage money. The word difficulty in real proper^ 
law always means costs. The first might be remedied by an enaol' 
ment that the indorsement of a receipt upon the mortgage deed or 
instrumeut of charge shall operate as a reconveyance of the estate 
thereby conveyed, and a discharge of the estate from all claims ander 
the mortgage, and the latter might be provided for by the mum 
machinery as is suggested for the estimation, receiving the valoi 
and distributing the proceeds of other charges. 

V. Conveyancing. — ^The costs of conveyancing, so much oon- 
plaincd of, are almost entirely due to the difficulties caused by thi 
preceding defects in the law of real property. So long as aaf 
charge whatever is permitted to be imposed upon it-^that is to i^ 
—so long as the law allows a man to have any interest in imI 
property other than actual possession, there must be an investip- 
tion into title preliminary to sale. If A sells a bale of cotton to B^ 
he passes it directly from his own possession to that of thebajer, 
and that possession is good against all the world, provided that A 
had honest possession of it. The only exception to this role of 
passing the property by delivery is in the case of stolen goodly M 
exception which pawnbrokers ofter discover to their aerions btt 
But if the owner of a bale of cotton were permitted to carve oal 



neant ( 



)M 



iuieresta in it. as that C sliouM have it for a term of weeks, 
•F liCe, or to charge It Bpecificully with payment of commia- 
I E, F, and G, present nr future, or even to children born of 
hree lelier.i, at ouce there would arise the necessity for an 
gatioa of the title of the vendor, so aa to be assured that he 
igbt to Bell enlire bale, freed from all claims by others. If 
ch claim be found to exist, that claim must be roleciaed 
a purchase could be safely made. But it would happen often 
le claimant could not be found. He went to a colony, and 
I been heard of. His death must be proved, or, if living, liis 
I to the transfer must be obtained. And so the complication 
with ever increasing cost and vexation, to which the Statutes 
italion olTcr but an imperfect impediment. 
: fs the actual position of real property. It is already what 
e of cotton would be in the case supposed. And to make the 
worse, this process of costly inquiry is in no way dependent 
value of Iho property conveyed. On the contrary, small 
lies are mora frequently mortgaged, charged, and sold than 
aes. A good marketable title, that is to say, such an one as 
m contracting to buy land would be compelled to take, is as 
try 10 the sale of a cottage worth 40«. a year, as to an estate 
DOO/. a year, and the burden of inquiry, of requisiiioa of 
of precluding claims actual aud possible, and removing 
I u imposed upon by the buyer and seller of a cottage 
• with the buyer and seller of a county. They who talk so 
in speeches, and wax so eloquent at land leagues, on the 
it for making the transfer of land as easy and inexpensive as 
tnsfer of a bale of cotton, are wholly ignorant of the true 
of the difficulty which nobody denies. One looks in vain 
I the essays and speeches even of the moat philosophical of 
iW reformers for a practical remedy for the grievance of 
they complain. In point of fact, they have none, and, under 
desire to reform the existing law, they are seeking its 
eubverHon, Tbeir cry is for mure easy transfer, in which all 
Me men arc with them, asking only (or a rational and really 
table scheme for simplifying and cheapening the transfer of 
roperiyi but their real aim is to cbauge its tenure. For a 
ig plan of the land law reform which all wonld welcome, 
toe more than the on-ncrs of real property, who are the only 
B whom t)ie czisling system oppresses, resort must be bad to 
terienced lawyer iu his chambers, and not to the philosopher 
itttdy. 
ling, then, to the practical lawyers, how would they propose 



;2e8ted in the preceding 
nrds abbreviating the 



ID convey an ting. Tito reform 

of this paper would do much 
if title, and especially the proposed power of discharge. By 

this profession the Statutes of Limitation might be further 

1. But that which most of all would abbreviate the labour 
It of title making would be a compulsory register of incum< 
13 



1 94 The Laws reUding to Land. 

brances of all kkidB. All claims on real proper^, accompamad bj 
actual possession, ought to be registered in the locality, either ii 
the county or in the union in which the land so charged is sitoita 
The actual possessor of real property is always known, for his Dsme 
is in the rate book, his acts are public. But a man who has a 
interest in an estate, but only in contemplation of law, and not bv 
any ostensible holding of it, or of any parts of it, but only ti U 
were metaphysically, is surely subject to no injustice or even bud* 
ship if compelled to give a local habitation to his ideal rights oier 
a substantial property by registering them where their existsnee 
may be instantly ascertained by all who have occasion to deal widi 
the substance of that property. A register of actual transfers of tbi 
estate itself would be useful ; but infinitely more important is tbe 
registration of all charges, not accompanied with actual possesdoB. 
This alone would reduce the costs of transfer of real propertj bf 
three-fourths, for at least that portion of the entire costs proeeedi, 
as I have shown before, from the necessity for research into tbe 
existence of charges and incumbrances. But the law to be effeetiie 
must bo peremptory. No charge whatever must be permitted to In 
valid unless registered. 

Some very slight diminution of cost might be produced bj th 
abbreviation of conveyances, and especially of mortgages. Thej tn 
shorter now than formerly, but they would endure a good deal o 
clipping still. All the usual covenants might safely be declared U 
be implied from the nature of the conveyance, unless expreed; 
excluded. It might be enacted that a mortgage shall imply all th 
usual powers of sale, &c., unless expressly excluded, and so finrtl 
But the smallest portion of the expenses of a transfer are those o 
drawing and engrossing the conveyance. The real burden, as 
have said before, is the inquiry into title. 

Lord Derby suggested, as the best foundation for future reform 
in real property law, the construction by a qualified commisrio 
of a new Domesday Book. The idea is admirable, and ought t 
be adopted. But it would bo a work of time, and in the mesi 
while there are sources of information from which valuable parti 
culars as to the actual position of landholding in the United di| 
dom might bo gathered, without which no legislation can be eatii 
factorily conducted. The poor rates supplemented by the registei 
of voters would supply the numbers, the extent and the rentals < 
every separate estate in real property, and also what of them ai 
occupied by the owners, what by tenants. A few weeks wool 
suffice for the coUectiou of this information, and it would I 
derived from sources open to no suspicion, because it is alread 
collected for public purposes, with vigilant eyes upon it, by eon 
potent officers, having full knowledge of value in their looalitie 
As land law reform must soon become a question for discosM 
in Parliament, I venture to suggest to the Grovernment the proprie' 
of immediately providing statistics, so needful alike for legidati< 
or for debate* 



By W. Bijhs Ward. 195 

>. W. SncES Ward, of Leeds, read " Suggestions for FofUitating 
Ttftnsfur of Land." The author aasiimed it ■was generally con- 
red desirable to diminish the expense, and to moio the title to 
estate as safe, and to enable it to be as easily transferred as 
title to stock and shares in public securities or railways, so far 
inch punioao could be effected without any injustice to public or 
'rate rights, and submitted for discussiou the following pro- 
uls : — (1-) To alter the practice on contracts for sale of Una by 
liting the obligation of uie Tendor to make out such title as is 
linly stated on the faco of the contracts, and that on an open 
itiact a vendor shall only be bound to shew such title as he has. 
) That the uodisturbed possession of land for twenty years by a 
idor priiml facie seized in fee, shall be sufficient title to enable 
n to Bell and convey such land with an indefeasible title to a 
tiaeer; and that undisturbed possession for ten years, after a 
iTSyance in fee on a puroiiase for a valuable considcrndon, and 
1 duly executed purchase deed, shall enable a veudor to confer 
. iudefeoaible title to a purchaser, and without admitting any 
ptiai) on behalf of any person labouring under any disability. 
That any person aggrieved by any wrongful sale of land sh^ 
. iinless, previously to such sale, ho shall have given to or aflected 

Sirchaser witli positive notice, be entitled to follow the land, 
all have a remedy against the fraudulent vendor for double 
le of the estate of which ho is deprived, and also by criminal 
'ings. (4.) That a vendor shall be at liberty to make a 
nna declaration that ho is lawfully seised, has good right to 
iT^, and that he has no notice of any incumbrances. That on 
ih declaratioD, if untrue, the vendor shall be liable to punish- 
it for misdemeanonr, and to mid^e good any loss to any person 
d thereby. And that the production of such declaration 
ret|uired, fur supporting any proceedings thereon, coupled 
proof that the purchaser has had due production of title deeds 
Mm, shall exonerate the land, and also the purchaser. (5.) That 
« overMore of the poor shall insert in the rate-books of the parish 
'district the names of all freeholders, inserting the name alone if 
tti freeholder be the sole person having any interest, and insert- 
g the name and others where the estate is qualified, as in the 
M of trust or mortgage. That any person claiming an estate in 
-' may npply to nave his name inserted in the rating, such 
,tion to be complied with on a written authority from previous 
c, or on the order of a judge of the County Court of the dis- 
B ialse or groundless claim to subject claimant to costs, and 
damages as the judge may award. The rate-book may, in 
cases, bo produoed, and be admifisiblo in evidence as a 
of possession. (6.) That all recitals in deeds should be 
by a declaration that they are true, such declaration to 
the effect of an affidavit, and ia be conclusive evidence 
twenty years, but that the recital of a deed should not 
bo noticed beyond the purport of the recital. (7.) That the pro- 
of tie Statute 8 & 9 Vict. c. 112, should be extended to 
13—2 



196 The Laws relating to Land^ 

outstanding legal estates in any person dead, or not to be f 
within the junsdiction, unless continued by new appointmeo 
case of trustees. (8.) The Statutes 2 & 3 Ann, c. 4 ; 4 ft 6 . 
c. 18, and 6 Ann, c. 35, constituting the register of deeds fin 
West Eiding of York, to be extended to all counties. If 
alterations could be effected, he said, there would not be muf 
desire, either in the further diminution of expense or the b 
of tenure, and each of such, if such alterations were taken si 
would effect considerable and very advantageous changes. 

A paper by Professor Jacob Walet was read, containing " 
gestions for Facilitating the Transfer and Disposition of Lai 
He did not depreciate the advantages of a system of State regi 
tion of owners and transfer of land ; but the officers charged 
the carrying out of the Land Transfer Act of 1862 shoul* 
invested with much larger powers. He did not think^ the 
tinental system of sale and purchase of land would suit this cou 
It appeared more than probable that any change in the land '. 
not involving the complete reconstruction of our social i^ 
would not have the effect of materially diffusing the ownenm 
land. Still, increased facilities for the transfer and disposal of 
might be introduced with advantage. He proposed— (1st.) 
five years should be the limit (and not twenty years as at pre 
for the assertion of dormant or displaced claims. (2na.) 
adverse possession should operate against the estate ; that is tc 
not merely against the limited owner during the currency of t 
interest the sidverse possession takes place, but against the i 
series of owners having successive interests, who for this pu 
shall be considered as represented by the owner entitled t 
possession barred by the non-assertion of his rights. (Srd 
order to protect the purchaser against concealed incumbrance! 
law should require as a condition of the settlement of land a£ 
a subsequent purchaser, that this settlement should be enroU 
the Common Pleas. (4th.) Estates tail should exist only fin 
poses of defining and limiting the devolution of the land so lon( 
was not disposed of by the act of the tenant in tail. (5th.) Thi 
sonal representative of a deceased owner of land should have ] 
to sell or mortgage the real estate of the deceased, and recei^ 
money. (6th.) A limited owner in possession shoiild have poi 
lease or sell the estate for any purpose for which it is best ad 
by an application to the Court of Chancery, which should i^ 
trustees to receive the money, and hold it in trusts correspoi 
to the interests in the land. 



DISCUSSION. 



Mr. William Fowler, M.P., thought people did not sufficiently appwci 
importance of thii Buhject economicoUj. Lord Derby in his recent spe 
Liyerpool expressed an opinion that the actual agricultural produce < 

* Thii paper is printed in full in the " Sessional Proceedings " of 1871- 



rj. 



WB raquittd ibnut nn t^iul quuntitj from abroad. Thia repreMMited nbout 
"^,000}. If, thea. Lord Qerbv waa ourrwN we ought not to require * lingle 
r of vhent rroiti mbrood, naA we ouf bt to proiluco 7,000,000 more qiurleri 
iBjr, which would bo worth about 10,000,OOU/., and about 8,000,000 qunrtcM 
i, worth about 8,000,000/. Then, at In patatn**. eren lupposing the quanHty 
g»d hrra onlj equalled the nTenigo prndurlion of FriLnee, wa ought to rnjaa 
200.000,000 b(ube]< additicmol. We bod 9,000,000 head of cattle,and a 



cattle 
underalood that Ihe wool alone rrom 32.000,000 sheep 
imbi might be fairlj calouUtad at S,000,OOW. In one waj or anutber they 
prodiuM nnother lO.OOO.OOW. Thne, without refaranee to the pastures nnd 
M they supplied to cattle, or to the large extant of amble land in grass, 
Dught to bo an additional production far more than equal M the whole 
n of the counliT, He heliered, indeed, that Lord DerbjV statement wm 
the mark, and that were the whole country cu!trrat«d aj rery large areas of 
~ — (diould haTa more than double the present production. The wheat 
" " ~ "ideration, and somo people were frigliteiied at the aura 



1 to pay for foreign wheal, but according to Lord Derby v 

Ktartbinc. Lord Derby reearded more cspitnl aa the one thing wtknled, 
WW dom)t1e» tbe fact, but htr added that we must look not so much to the 
IdrI* m to the unaatc for it. His lordship thought what was wanted from 
kndlord. was much less that ha should put a larni amount of capital on tbe 
•-tltougk that was of course desirable — Ibuu that he should offer no obetaols 
I being put upon it by the tenant. Now, with grrot deference to so large a 
nmsr m Lord Darby, it appeared to him that the tenant could not ba eipwted 
it up oottagas, and drain the land, and make pornianenl improTaments. 
wr oulliration and good manure might be eTpecled from the tenant, but the 
toid* must bo willing to find a large amount of capital, and to put tbe land in 
position OS regarded cottaged, farm buildings. Ac,, as would enable the 
o apply his capital adfantageoualT, According <o French economists, the 
irhy Uiis country was so far ahead of other countries with regard U> agri- 
m many respects, and why the arerage production of wheat per ncro was 

I highar than in France, was because wo put so much more capital on the 

L inie rouon of this ma to n large extent because we bad lO many rich pra- 

^'^'t: Now we wanlod more rich proprietors, no matter whether large or small 

^^ Borne of the bsst managed estates in the oouutry were the largest onsa, 

twntdby men with the hirgast means, who used those means conscientiously. 

M wwe many such, and wa owed our position Urgaly to the enterprise of suoh 

Bbat they ware exceptional eases, and over a large part of the country agrioul- 
m» in • most backward oomlition. He hod come to Ihe same conoluiion as 
iBt Cot and Mr. Hobhouso, that we oould not expect capital to be laid out 
Iha land by liiuitad owners. A tenant for life would not. a« a ruin, lay out 
. I Money, unlets ho had such an enormous income that he could do all that 
inquind from the landowner and take care of his fauiily as well. The dut^ 
' an with fiOOOi. or 60001. a year, the whole settled on his eldest son, perhaps 
_ ba waa bom. was to proride for his younger children. Coidd such a mnn 
BUI mooay in cottages and draining? Tbe thing was impossible. Ware it 
" lord Derby would not ba able ts say tliat our production was not half what 
''" 'Jl ba. Lord Derby wns for giving leases, against which he had nol A 
ay, though they were unpopular with many farmers. It waa an ei- 
leij mall remedy, for it only assisted the tenant's capital to come upon the 
liad did not remoro the roatriction op the landlord's capital. The tenant for 
V Uf. Hobbouse hocl remarked, was in a falsa position. It bad been sojd, ba 
md Cmty, that 70 par cent, of the land of this country was thus bald by man 



S 



t: 



198 The Laws relating to Land. 

who, unleM enorxnouBly wealthy, could not do jiutioe to it. If thii matter od^ 
affected Uie farmers, it might be laid that they could take care of themfdw^ bi 
the maai of the people were affected. We had a law which directly diiooaMd 
the appUoation of capital to the soil, and thereby seriouily diminiahed mdiMyo^ 
^Die MDourer had conflequently to pay much more for hii food, and tne MBb of 
wagei waf directly diminiBhea, lo that the money he earned was leMened, aadtki 
price of neceeiariee was at the same time enhanced. Morally the question ivt 
OTen deeper, as shown by the reports which had been referred to. The Bii]iop<( 
Manchester, on going through 300 parishes in Norfolk, Suffolk, Esms, and CUoaoH- 
tershire, found only lour where the cottages of the poor were what thej oi^ to 
be. Indeed, his description read more like that of some backward part of Ituf, or 
like Bngland in the reign of Henry YIII. The main cause was the poTsrty of tb 
landowner. If he was poor he could not build cottages, and who could eniedtki 
farmer to do so, when eyerybody knew that they paid only indirectly, by thelaboanr 
being close to his work, not in the way of interest on the outlay. It was a crjiai 
disgrace that with enormous wealth waiting for inyestment, the cottages of^thi 
poor shoidd be in such a condition. Moreoror, the law made the land unmsrisBt* 
able. It made it a habit to buy largo quantities of land not for cultivation but for 
luxury and enjoyment; the buying of land in small portions by men with mf- 
flcient capital for those portions not being the custom of the country. He inino 
advocate for the forcible division of estates, a system which he believed was fsilinn 
over the continent wherever it existed, but there should be no hindrance to msncl 
small means going into the market. Any law which locked up the land and 
compelled an embarrassed owner to hold it — hundreds woidd be thiankful to leUif 
they could — a law which kept land out of the market not only enhanced the nrioi 
and made it the habit to buy land as a luxury rather than as a business, but dimin- 
ished the amount of capital applied to it. He had heard it estimated that tfaii 
country saved 2,000,000^. a week, and people were at their wit*s end how to iorak 
it. Now the development of the resources of our land was a mine of wealth. ICuok 
had been said about registration. Ho agreed with Mr. Hobhouso that eveiT fait 
of land must be held by some one in fee simple, who must be able to traiuferit 
as easily as bank stock. Equitable mortgages prevailed in Yorkshire. A ma 
bought a small house and could not afford to lock up the money permaBeotlr, n 
he borrowed 1000^. of his banker for a year, an arrangement which suited m 
parties welL Under any system of registration which required everr charge to 
DC upon the register, these men would not dare to buy because everybody in thi 
town would know all about tlieir affairs. The land would consequently beeoBN 
less marketable than at present Perhaps, however, some certilioate of regiitn* 
tion, to be deposited with the banker, would avoid this difficulty. Simply mskiog 
it impossible to settle beyond existing lives would do little good. A aetUcment 
now took place on the son coming of age, but it could then m deferred until bi 
married and had a child, wheu there would be a settlement on Uiree generation! 
as now. The number of life estates would be reduced indeed, but there wooU 
still be so large a number that the effect would be disappointing. There ou^ to 
be only ownerships in fee simple, subject, perhaps, to provisions for minofitifli 
and for women. He disputed the axiom that the same rtde should be applioibli 
to personal as to real estate. Whether A or B held bank or railway stook «y 
quite immaterial to the community, but if one was rich and the other poor, then 
was a great difference to the community which hold land. The law as to pe^ 
sonalty might, therefore, for the convenience of families, be left as at prsNnt 
The notion that the G-ovomment should take the land and farm it out was worn 
than visionary ; it was revolutionary, and wpuld make the title to property of 
every kind insecure, for oven personalty might share the same treatment. Ai to 
Mr. Miirs proposal, [it woulcl be unwise to cost uncertainty on the ownenhip 
of the natural increment of property. If a man's right to that increment 
depended on the decision of a government valuer, the rich man would fight ihy 
of investment*and would put out his money in America rather than in a cotmtiT 
subject to the caprice of government valuation. Nor had he any sympathy with 
those who wishea to secure to a son, however great a blackguard he m^A be^ a 
certain share of his father's inheritance. The very law which was compUned ol 
in England ensured to a aoamp the inheritance of his father, and tho Frenoh lav 




DiKUSiio)%. 199 



s lbs ditiwon oompulaory both oa regaitUd personaJtj KoA realtj, Ihe 
__lt boing tlutt in aae deportineDt of Fnuioe SlXX) aores were dirided iiiUi 5000 
MtJ*- It irw true the mulU vere not xi disaAlrous aa might be (uppiMed at 
m«ght. but Ihe law ww irroag in prinojple, and our BnglisU idea that tha 
[MW wm )Jie natiinil legialator of the family wu the true ftolution of our 
jifleul^- He would give Iha father the fee timple of bia ulate, and olliiw liim 
" ' ' unone hi* dhildrea aa be liked, eieept that ho BbouJd not, when in hia 
__ _. the ^Tolution of the property aiitj jeara henra. Thie woe a gcotrine 

rm. demanding atudoua attention, and it ought to ba settled on xiund 
pte*. 
' , i.T- HoeHVM (London), from the point of new of the land Tenure 
m iMooistion, asid he woidd eiplain that thej did not propose to oon* 
ito k (biUin^e worth ot propertj, that they acquieEced in the principle of 
ndual ownenhip, and that they had nothing to do with ochsmei of nation- 
lliiia. The AMociation waa for intercepting, by moans of Imation, an; 
■raed ioarewe in the rent of land. Land became more valuable through the 
^ "' of population, the oonaequentlj increased lieniand for food, at, also, by ila 
ig building land ; and tbey would intercept at lesat part of the inureasBd 
..M due to ibe owner'a own eiertiona. He did not *ay all but, at least, \aU 
tteoTMeS thoutd eo to the State. Were the Stale to take all it 'n^uuld be latins 
and proTidaneo. Builders, for initanoe, who bought long leasehold 
t, and sold the ground renU at twenty yean' purcbiue, would Hud Ibem- 
Min a difflculty, but, on the principle of the pubtio good, half the iineamed 
migbt ba appropriated. Of course a person would retain the wbole ralua 
jrementa actually mode by bimeelf. lii ancient times the land bore all the 
nrns of the State ; and the Kings of France bore all the oxpames of their court 
irf their own domains. 

b. lua» HowiKD, U.P., here rose to order, and Ihe Chairman ruled that 
■ larger quMtiona, interesting and important aa they ore, were not roiswl by Mr, 
UiimM'* popor. 

p, HosKtiis, passing on Ui the lun oX primogeniture, donouneed it as iniquitous 
ttmta and younger sons. It was true it might bo defeated by will, but the 
b Ibareliy declared it just lo ennch one son at the expense of the rest of Iho 
£f, Unu foelering what Kr. Fawcett deemed the besetting sin ot Ihe English 



foiuid a family. He was ittolined to the Horwegiaa nalem of 

in case of intestaoy Ihe land was not divided — a plan liable to 

objections— but it tell to the wife nnd children in equal portions, and 



had the option of buying up the shares of Ihe reat. It tto wife and 
mKirsn. on their ooniing of age, all waived this option, the property voa 
end the proceeds diiided equaUy. One objeotion to entails was that a lite 
V would not apply his oapilol to the soil, but felt it bis duty to provide ior 
rite utd rounger children, whereas the application of capital to Ibe land vraa 
|4aal Va the whole community. 

Ir. JtMis How.tBD, H.F., commenting on the doctrine put forward in some 
n that the land belonged to the whole people, remarked that this was true 
■mse of England belonging lo the Engliab. If, however, it meaut that 
with no property ot their own bad a right to a beneSciol interest in the 

Kty ot others, llie doctrine was a rery dangerout one. He bad read the pro- 
of Ur. MiU and the land Tenure Keforra Association, but hod ne(er seen 
IpiaMioal mode of carrying the principle into effect. Wbo wu to ascertain 
'*"' — uned increasef" An Increase in tlie wealth of the country of oourae 
^^ . . . the purchasing power of the country, and the prioe ot eTCrylhing, and 
iLegjslflture would never deal with property in land on other principlM than 
>■ applied to other property. The law wjh nt present in on unaatistaclory 
Alan. Any law which hampered the distribution of property was injurious to 
\ body politic, especially when appUed to land, which was limited in qnantity. 
lfl«pdstloli as to the tenure and transfer of land should not aim either at 
luloUon or subdiTision, for that should be left tn natural Uwe and would 
itMilt, thougb after the operation of the eiistiaE laws, many years must 
, J Utopo the o»ib they bod caused were romov«r In Belgium, wUiob ho 
Bel two jeari ago, the buyer and seller ot land went to the land court in the 



200 The Lawa rdating to Land. 

proTindal town, haTing no need of a lawyer^! lerrioM, and the regiitear ttmad li 
the folio where the hind wae registered and mapped* whereapon a doeiMt 
traniferring it wae signed. In America, four or fi^e years ago, he found a iinihr 
B]rstem. ^ery estate was registered, numbered, and mapped, not oolj in lb 
State Court, but at Washington, buyer and seller effecting the transfer bnon lb 
registrar in the State Court, and the registrar transmitting to WashingtoaM 
account of the sale. A survey, howerer, as proposed by Lord Derby, was ssnirtHl . 
to a proper registration, as also a soarchine investigation of title, so that a btjm 
might know he was purchasing what could not be questioned, fie agreed irali 
Lord Derby and with Mr. Fowler that the produce of the country might to 
enormously increased both in com and cattle. More capital was wanted, Mttiii 
present laws hindered the application of capital to farming. Poor landloNi 
could not put up the buildings required for increased stock. Beef was not mm 
grown in grass fields, but manufactured in homesteads, the system on the faHk . 
managed farms being equal in uniformity and method to any of our best msBai 
faotures. Farms, indeed, were becoming great iiuinufactories of beef and mnftliai. 
Leases could do something, but there were serious objections to them. Jhn^ 
the last three or four years of a lease a man was taking out of the farm wbife m 
put into it previously. To induce farmers with capital to embark their money ii 
the cultivation of the soil, there must be security of tenure. A man most have n 
interest in any improvements he effected on land belonging to another. Hsbi 
known scores of men of intelligence and public spirit who had been brought imts 
farming, but who, owing to the want of this security, invested their oapitsl ii 
other pursuits. An Encumbered Estates Commission, and Court, would oe tut 
beneficial to the country, for the resources of the soil would never be developii 
while there were impoverished and greedy landlords who refused to the tSMUft 
the secuHty of tenure essential to the emburcation of capital, nor would the poor 
be housed and fed as they ought to be. Were the transfer of land made smmt, 
as recommended by Mr. Hobhouse, there would be a greater distribotiim dt 
wealth in the fanning of land, capital would flow into it, and the whole oooniiy 
would be benefited. 

Mr. W. S. Ward (Lecds),as a solicitor, would enable a working man to boy a phk 
of land, build a house on it, and dispose of it as easily as of any other commoditf. 
He objected to any system of registration beyond that'existing in the West BidiiA 
and doubted whether even that was beneficial. A solicitor must go and nanE 
the register, though in some cases he mieht dispense with it, relyine on his knov« 
lodge of the parties, and there was a cTiarge which, though small in itself, mi 
considerable m the aggregate. The solicitors in the West Riding wonld, slmoit 
to a man, be opposed to any central registration, on account of the expeose il 
would attach to small transactions. A reform of conveyancing should oegi&iA 
the beginning, viz., at the contract of sale, which, owing to a series of dedAoni^ 
implied a great deal which it did not express. Unless the contract negatived a 
great many things, the vendor was put to a serious expense by the investigitiOQ cf 
title. Under an open contract a vendor should only be bound to give the title b 
actually had. Such voluminous documents as conditions of sale were a seriooi 
expense in disposing of small properties, but it was worse if the vendor attem^ 
to do without them and to ^ive what scarcely existed, namely, a marketable uda 
Ten years after the completion of the purchase the title should be indefeasbia 
Let tue vendor make a declaration that he was seised, and let him take the eon- 
sequences of a false declaration, but let the innocent purcliaser be protected. 

Mr. C. J. Greece (Beigate), as another solicitor, maintained that the oonstmetioii 
of a contract of sale was perfectly rational, its principle beine that a man should b 
bound to show what he had to soil if ho undertook to sell it. How upon Wf 
other basis could the purchaser adjust the price ? 

Mr. Edward Jsnkins (London), having been supposed to hold socialist sad 
subversive views, wished for an opportunity of proving himself neithN* a 
socialist nor a communist. To free the land from the many restrictions uiid« 
which it now rested was the pro[)er antidote to such views. Those opinions win 
being advocated, and it was necessary to meet them openly, and show that tbit 
were strictly constitutional methods whereby, by a slow, perhaps, but sure prooen^ 
the land could be fre^ as reasonably as was consistent with the preservatioii «f 




rbm, t 



. . '9 iatorwtwl, there might bs u ■ 

king itIiM ihet deemed their rivbta Dud Dlaimi. It inti lulvisstile nt u 
tik wlial was iJie end we had in riBw. Some gentlemen looked upon 
nij an •oonomioil queetion.u n question how tlie atmtge of thi^ country 
t utiliud i« to produDe the gnuitat poMible return, but the conudemtion 
B be kept in view how an eoorioous and inoreuing population were lo 
■d out at the laud. For his own part be hod Len ijmpalh; with thoee 
id bi Nie w) many bu»belt oF wheat grown to the acre, though thai was 
JBDiirtanl, than with tbo quBslion how many people tills oouotry oould 
I Ur. HobhouM bad, perhape, intentionaU; aToided touching on the 
p DO toeilitiea ot tranifer, ocDseioned b; the rfstem of leama, eape«iail]' 
\: Mid under hi> luggeslions suph leased would appnrentlr eo to the wnll. 
an unfortuoatfl matter, eepsoiiklly wi^ reference to the natural ex- 
~ '>wns. In one large town in the aouth of England, where 
under a long leaw, the natural growth of the town wa» in 
jinetion, but owing to the interpotilion of a mit iiarll and estate it bad 
ped to Htotlier end of the I«wd, and the people living there had to be 
t and obliged to Lto further out. There were similar eosea in Xondon 
lere. Another point which Mr. Hobbause bod not uotieed was the lenurn 
parpetuitj by oorporatione and charilJes. He thought eventually we mutt 
tie, that no oorpuration or abarity should bo permitted to hold any land 
He for the purposss lo which it devoted itself. They could invest their 
ho fund*, or other ways, and it was inndviaable to allow theni to hold Inr^e 
Ulicallj' in mortmain. In this way a hu-ge extent of land here and in 
Puld be treed. He did not quite understand the suicg«stion that absolutu 
only ibould be rpgi»tered, and tliat Und should only be held in fee simple, 
Se* to be reeognisMi ? (i^be Chair man ^^o.) 'faking shipping ae an 

KUe* in ownenhip had bad lo be reoogiiised, and he thought that, under 
d qrMen, the same tiling would have to be done. Then, too, wbat- 
iea o( tranafer were propitsed, the larger questions, and the claims put 
Ul tuoli pertinacity and increanne eamestnuBS by people outaide, would 
ttetd. lit. Hobhouse anticipated great difticully in effecting the aliuht 
hUe reforms which he advocatrd. Mow, while this difficulty was being 
I, he fear«d there would be a rush of people from oul«ide who woulil 
t» UiB question for themseln'S, If land hkw reforms merely aimed at 
ftlw inTeatment of capital in the Und, and in inereasing iu uroduoe. he 
jDed that before many years the present dittlcultin would be actually 
The people were twing «queOEed off the land into the great towns, 
plaapruper eoonomicol operation ! The question was not whether thirty 



oiiuoed. hut whether the acre ouzht ti 
^ tling the people 

1, they must fane the probloni what they were going to du 



ir of people. If subdivision and settling the people on the Und 



le people 
iniDiunity in getting at the land, but be 
Bold go further. There would be grsat hatliea over the propriety of 
i ratn U) regulate his property after his death. A dead man, he oou- 
i no right to the disposal of his property. He held it in trust tor 
1 tiiough be would bo content tor the present with Mr. Locke King's 
Id, UwMMically, that it was for society to diolate the terms on which uo 
^suiit it. If the deeirabiUty and constant marketability of property were 
ed, iDinethiug like the French system must be adopted. He bcliered 
bar Outada one-third of a man's property uccefiariiy devolved at hin 
M wife, and uno-third on the children, the other third only being at bis 
U. Mr. Hobhouse's objiwtion to a man being obliged to leave hie pro- 
bad eon appeared at llrst sight a strong one, but what did it amount toi' 
I atid that Uie more bad sons the aristocracy bnd ttie better, economieaJl^, 

idiliy, fur it Ind In the distribution of estates. He did 

(olBt irf view, but the evil ot lesring property lo a hod u 

pdUllB Bdnntoga to Une oonttaunitj of the division of property ainqiig 



I 



HbteBdniit 




202 The Lam rAaiing to Land. 

all the ebildren thii it was not worth while to take it into aoooont. It oi 
to obftruot a great eoonomioal reform. Ae an inquirer he wae arndoua for i 
conception of the point to be aimed at, and he feared that th« Chairman'a \ 
Hobhouie*s aim would conflict with the general opinion of the oouatfj, i 
if without revolutionary meaeuree or injuitioe the relatione of land eoo) 
adjusted that the larseet number of people might be maintained bj, aad li 
it, that object would go hand in hand with all the reforme whieh b 
adTOoated, and peace and good-will would be maintained between all d 
looietj. 

Mr. PsBCT BuNTiiro (London) laid thii wae a mixed queetion of poliflji 
maohineiT, and that without a powerful breath of public opinion then 
chMioe of carrying even reforms advocated from a leinl point of im 
Without Buch a remtry at proposed by Mr. Hobhouse, aU attempte at a n 
conveyancing woum fail, for conveyancing could never be a ■mail matUr, 
less a certain portion of it could be separated so as to make the transfer 
easy, there oould be no great reform. The great principle was the regiiti 
ownerships in fee simp&. At present all questions of title had to be goDi 
novo at every transaction, whereas after the matter had once been invera^ 
a purchaser had accepted the title, there should be some competent aathori 
tbat the title was clear. There must be a record-taking account of all past taa 
The public having already got a register, though a bad one, wotild not reo 
that principle, and the register was a broad issue, which could be put bef o 
whereas small reforms they would not understand. He objected to bene 
terests or equities being protected by notices or anvthing else, for cob 
arrangements should not be allowed to tie up the land. A system of nodo 
oblige the purchaser to deal with almost as complicated a title as at 
whereas the register ought to show him at once what persons were intei 
the property. In a commercial countrv with so many intricate dealingis 
catea trusts could not be got rid of, and wherever attempts had been ntodi 
stroy equities, as in the ca£e of nhipping, there had either been gigantio fi 
honourable understandings, which tied up the property as much as at flrsi 
not simplicity of reeistry which should be considered, but the eaving of ti 
the purchaser. If lawyers would show as much skill in framing a good Ac 
subject as they had done in defeating reforms, the principle of a sto(d[ 
would offer no serious difficulties. 

Mr. BoBiRT AsTHUfOTON (Leeds^ suggested a redistribution of the eooi 
symmetrical districts for municipal, legal, and other purposes. As to thi 
mortmain, anv amount of personalty could be bequen^ed for charitable j 
and this could be invested in land, so that the law was set at defiance, n 
suggest a provision that any land left for benevolent objects should bi 
auction witnin a stated perioa after the testator's death. 

Mr. W. E. Shirlkt (boncaster) differed from Mr. Hobhouse*s staten 
the inevitable tendency of the present system of conveyancing was to d 
litigation, and that after all there was no security. If people drifted hn 
tion it was because they did not obeorve the proper laws of conveyancing, lil 
who made their own wills, or tried to trannact their legal business thi 
Reliance could be placed on the principles on which conveyancine was ; 
Bid anybody ever hear of a man buying an estate, having Uie eoi 
duly made, paying the purchase-money and taking possession, and th 
dispossessed? 

The Chairman (Mr. Yemon Harcourt) said the Lord Chancellor had n 
the case of Mr. Brodie, an ancient conveyancer, who lost 30,000^. b 
mortgage. 

Mr. Shirlrt admitted that if a man advanced money on an imperfect 
he might lose it. The Question of mortgages was a different one from t 
under discussion. Could anything be simpler than an ordinary oonveyan 
course there must be the names of the parties, the description of the prop 
the operative word ** grant," and then the substance of it was there, w 
man could not devise a simpler or clearer form than at present. Berj* 
had suggested an endorsement on tlie back of the mort^a^e instead of 
Teyaiioe^ and this was already done under the Building Sooietiei^ Act, Ali 



Il7 BTtF Mard of auoh a Uiiag in the cue of luij proparl;. Inrge o 
HDmcm debt wu barrsd after six fears, sad > bi jean' lltnltalion 
ubitituMd tor twent;. Atiollier improrement would be tbe remune- 
ioitora on the aii vattrtm prinoiple- The Inaorparatuii Iaw Society 
ID soil oiroulatfld a form for that purpow and wero reoomraending lU 
ie did not quits under>Uuid »b>t would ba put on thu register, and 
DgialntUoii of iBdefetbaible tltlea there whs never a greater sham. 
tma out of tho iraurt with a feeling of relief, the trouble and aipeoM 
ling bejond belief. If, lu Serjeant Coi fuggeiCad, no iDrumbranos 
dch waa not on the face of the regi>t«r. nobud; l«mpurarilT eiub&r- 
mt a loan from hi* banker or wlicitor witbout reB>>l<iring it, like a 
Ateij week for the Lut fifteen j'ean there appeared a list of tlie bill* 
bend all OTer the kingdom, K> that the laooient a man railed monoj 
le* it. Tbe product] veneaa of the land waa quite a diitinot queitian, 
ids more of corn would be grown through the cheapeuias of oon- 
Luui hud twon s)»ken of u aoreoge >implj, but it ioolud^ housei, 
and lbs law appUcabls to agrioultunU land would applj aleo to the 
ita boute oould not be left lo a widow Tor life, nor a factor; disposed 
tea Binple, As to tranaferring land in Amerioa without Bolicit<ir«, 
1 il we Duuid never do without lawjers. A# long as England wae 
Wag and frae, the Lav would eieroiae a predominant influenoe and 
La mnia*. learning, and integrity the noblest avenues to distinction. 
Hi Q-C. thought tbe limilation of time for titles would be a great 



He proteeted uainst tbe doctrines involved in Hr. Jenkins 
Hibt the towns had inoreaaed verj rapidly, but the facility of e 
«, and the amenities of life which were dailj beooming mi 
« among tbe great incentivea to aocuniuUtion in towns. He did i 



4 



ni, in acquiring eniall holdings of bind, and it was desirable la facill- 
[tusition, but propari^ought not to be recast and the country dividwl 
nplM uf Mr. Mill. He was favourable to the registratitm of land, 
t be baaed on a new Duoinsdaj Book, for which there were ample 
tUe onlnaace survevs and the rote books. He admitted the right of 
leal, if necesary, with individual right*, and to redistribute property. 
HI done in the cose of railwaji. waterworks, aod gaiworks. Tlie 
rhicb wu wanted was Cscihty of transfer. 

DaooP (London) objected to regiatnition nF title*. Lord Westburr'a 
ih il was said was too elaborate, comprising not only the fee simple, 
r inloreala, had admittedly faihrf. It teemed likely, however, to be 
krniany. i. ayateiu of regiitnition equally fitted for a nobleinan'a 
nrkmaa'scotuige, would be very difficult. Uinute detaila would have 
to for the purpose of protecting the emulleat intereala, but in the oase 
Iw Uieae ought to be neglected in order to eave expense. Onn plan 

register the fee sini pie, and have a separate set of deeds relating to 
1 ialertets. It would he a groat ineonvonionce to many ta have to go 
, whether in London or tbe provinces. The Stock IWistry Was eatnb. 
Wra ago, and within the last few years a ayitem hau arisen of trans- 
malt; b; dock warranto and instruments transrerable on delivery. It 
re cotivenieiit to imitate the latter than tbe Stock Begistry. English 
riooks were transferred in books, but almost all others by delivery or 

He thought that simplifjing conveyancing woiJd do nearly all that 
It might be provided thu no transfer should be valid unless a 
was endorsed on Ibe previoui deed. It would of course be necessary ' 

DertiSeataa of icdefeaaible title. Perhaps the heat plan would be to 
I ittTMtigated, and then get some oBaociacian to insure against any de- 
Utle WW not indefeasible, either the defects should be cortiSed, or an ^^^' 

upany should insure tbeni. One evil was that to find out anvthiua ^^^H 

I ooo roust first ascertain what the law was at various perioiu, and ^^^H 

Lets of Parliament were also very troublesome, mortgagee being re- ^^^H 

iMMBBiUing Societies Act in r wb^ different from oUier mortgages. ^^^H 



nouse uiAL me aooiiuon oi Beiueinenu wuuui giye lurge lanuuwuei 
power, and thii wemed to him a political danger. Men like the 
Wertminiter and Lord Derby would faaTo enormous political power 
proporty waa at their free diipoaal. 

The CiiAiuuir : The late Lord Derby'i property waa not lettled, ha 
in fee limple. I do not know how it ia at oreaent. 

Mr. Dkoop understood that in the United Statei the want of a Uwol 
waa being felt, and that a system of homestead rights was being created 
for the wil'o and cliildron tlie house in whioli a man lived, or the lam 
to it, against seizure by his creditors. 

Mr. K. C. Clark suggested that cluirges on the land sliould be inaerti 
eirter. The system of notices would perpetuate the worst evils of the pre 
The register might bo made cumbrous by including charges, but thi 
better tlian Imving them taken notice of afresh at eyerr change of fa 
failure of the present registry might be attributed to its being permiadi 

Mr. W. T. fci. Dak I EL, Q.C., remarked that registration would simplj 
to the uhl principle. The old Common Law ba^ itself on publicity, i 
feoffment required tlie feoffor to go with the feofifee upon the laud, th 
deliver possowuon of it to liim in the proitenco of the neighbours. In i 
and happy times wlieu no nuui coveted \n» neighbour's Iand« this wi 
Lawyerri endeavoured to get rid of this publicity prior to the Statute 
secret liens and interests. Tluit Statute was intended to be of great va 
unfortunate oonstnustion put upon it immediately restored that secret c( 
in which lawyers delighted. Wo were indebted to iSerjcant Moure foi 
tion of the conveyance by lease and roleosc, which, after tlie Statute o 
been passe<I, enabled persons bv a conveyance o])erutinK under the &>lati 
afresh secret conveyances. AVluit luui been the cuiisequence ? Stat 
jurists luid been struggling for ceuturies to effect Uie object of the Con 
and the rv^ister was but u substitute for the old feoffment, on a more 
and endunng footing than memory or tradition. As to charges, pe 
notion, arising out of the complexity of the present system, that they 
safe unless they had that dreadful thing called a legal estate. Why si 
mortgage be a cliarge? Ho hud observed the practical advantage uf 
form of getting rid of a mortgage provided by the Building Societies 
receipt on the buck of the deed was equivalent to a reconveyance, i 
acumen of country pnu'titioners luid failed to pick a hole in it. ] 
mortgages could only bo teiii]>orary, like bills of sale, and if mere i 
could fur their private ends obtain information which was really of ii 
to the parties concerned, it would be a serious, if not futul objection to t 



. t the Sljitnte of Di«t 
« TOKi could, undi^r 



B made aa good a vill a.' 
cunistancea, make far him 



JO th»t there should be a r , 

l~ths penonnt estate, nnd tliM there should be nil descent a( the 
IB jnl«re9t of the realtr resting in the reprewntAtire, with the Bstne 
iaoling with it aa with the peraonnltr. Th» two together would 
mrt; of the JecMsed, out of which his debts ihoutd ha paid, the 
ns wore no will, beine distributed in the mnnner prorided bj the 
^butions. The wire and children would thus he cared far. Tha 
trodudion of the pitilical element had created all the diffioultr. 
»«, (J.C , in roplj, remarked that bis proposal as to the derolutioa ot 
]il«reil little or no oppotition. Mr. Jenkins had remarked with truth 
M well OS legnl considerations must be taken into aeconnt. and that 
uLd uUimatu; gorern the tatter. He hod ronitned liimaelf W legal 

■implj because he liked to talk of what he knew, and, baring 
.wentj'-Bnt years, be knew something of law, whereaa ho knew little 

and hard! J anything about politic! Bconomj. The fart that iha 
. Puwler. and hinuelf bad arrired, by diftrrent roads, at the same 
s tfllerable teitimonj to its soundness. He could see no gna1«r 
Hitting sticcessiTe life estates than in allowing lenanciea or any other 
d ownership to be creat«d. The great object was the shortening ot 

it was desirable in oil reforms not to interfere with arrani *- 

|lle hwl been accustomed, and which were rer; natural, 
nun to Kivo a life ealste to his widow, with remainder to tne son, 
. tliij WDud seriously interfere with domestic affairs. So with oUier 
ipaaitians of property. Mr. Fowler thought settlerneats would 
rrod till the birth of a gmndson, but a great many oettlementa would 
toe, on account of the eldest son not marrying or baring children 
tier's death. Ihe effect of such a settlement would be to gire the 
tfasolulo fee simple, and if he died in infancy it would go to his 
ster the law designated beir. Lord Stowell was said to hare settled 
< bia OOQ. in order to sare the legacy duty, but the Latter died a few 
hia fuller, and Lord Stowell b^ to pay dutv, and, under his own 

to be [Hud again. This was just wliat would happen under Mr. 
of wtllement. The course of erenta would certainly baffle people's 
id they would iTaae to practise siioh tricks. People might nabirotly 
faooM out of liring persons, whom they might be persuaded to know 
iuM who aliDuId liave their property, earring out lire-inleresls or 
'em them. He hod purptMefr omiUed any reference to land held 
■ and charitiea, the general subject being so large a one that it need 
bered with consideraUons applying on^ to a small extent of land. 
1 that point did not, boweror, differ rauuli from Mr. Jenkins's. He 
id hf loDg leases, the registration of which woa dealt with fully 
on the tubiect. He saw no objection to long leasee as long as the 
ihsolute an interest ai the freeholder, nor did lie see that the systeni 
ted alienation, .Is to building leases, to interfere with them would 
tmenla ustiollymado by raluntary contract and presuuu^y meetiug 
« of the parties, He beliered that In Manchester there wore none, 
; eonrtTed in feu simple on a perpetual rent charge. People, he 
)uld not then look at a lease for 999 years, regarding that period as 
Jr. 6111EI.ET. — Both are used.] He would not interfere with either 
Qiirley had disputeil his statement that tho present system tended 10 
pIlioD, and after all gave no perfect eeourity of title, and aakod 
<«t htord o{ a purchaser whose title had been approved by on emi- 
er being oustod. That was doubtlees rery rare, because lawyers 
A tntrj conceirablo and inoonceirable objection. In the lost caae in 
engaged at the Bar. a wealthy nobleman had contracted for a oon- 
I, but had been adrised hy a first-rate conreynncer that the title was 
lie own oounsel was of a different opinion. Heoonsequentlr refused 

contract, and a bill was filed to compel him. He liimself had to 
' ffthft defendant, who waa beaten. Being itill adrieed that thg 



I done. For tho protection of lunaticfi, infants, and others, propertj mi 

trust. In bis opinion only the fee simple should be registered, ■!! e 
subordinate interests being protected by notice. A r^strr had two obj 

I of transfer, and security to the holders of property, tnese being n< 

consentaneous but conflicting. Too much securitT to the owners woi 
transfer, while if transfer was perfectly easy people would make nie 
behind tho backs of persons interested. He proposed to reconcile this 
the course pursued with respect to stock. Kiothmg would appear on 
but absolute ownership, but anybody claiming an interest, subject to 1 
of the registrar, would put a notice on tho register, giving notice to thi 

I he had an interest, witliout describing what it was. A purchaser wouk 

require tho register to be cleared, ana tliis would be easily settled in hi 
room, whereas under the present system yuu had to go to the oppoa 
and convince him. The purchaser would keep tho money in his po 
register was clcare<1. As to equitable mortgages, of tho former, instei 
his title deeds to his banker when ho wanted a loan, would take his c 
registry. If tho banker was satisflcd with that, he would have as goo 
as at present, but if not ho would put a notice on the register, so thatt 
■ could not be transferred without the register being cleared. There w 

publicity in it, for noboily proposed tlmt tho register should be {i 
Charing Cross. Access would only be given to it on the written 01 
registered owner or somebody claiming under him. Thus overr transai 
be conducted with as much secrecy ana simplicity as now, and with m 
security, tho daily transactions of life not being at all interfered with. 
The CiiAiRMAif, in closing the discussion, referred Mr. Shirley tc 
papers contributed to tho Juridical Society by Mr. Joshua William 
that n man, entering into a simple contract to sell an estate, underto 
thinp that men had actually given up the property for nothing in ordi 
of the litigation in which they found themselves involved. Solicitoi 
this by conditions of sale, which really meant that the purchaser must a 
a bad legal title. Was it satisfactory that all land should practically bi 
a contract that the purchiUM.*r should accept a title not good in law I 
give an example. Tne son of the chief landowner in this country inhc 
his father's will a great estate ; a few years afterwards he married, 1 
lady*s solicitors examining his titlo it turned out that he had not a farl 
world, though he had imagined he possessed an estate of 40,U00{. a 
occurred only five or six years ago. flis brother, who became entitlec 
his nephew, agreed to cure tho defect, and to leave him possession. J 
had been obiected to on the sround that the state of men*s affairs wo 



> tb« limr of Loui> XIV., lliere haA been notariec'-rojol, uid as ti_.. 
iLer in retltj or penoiultj, oboT* a oerUin tbIuo, •omething Hko JIK.( 

■ voTirludod eicept before the DOlorj. Ho vos a public olllcer, and on hit 
tbs r«f ialFrjMwed to hit auccsaBor. How did this B^rMem vork? He hoi 
1 tot UiB OoTernment in orguiag the cue of the Baron de Bode, m to 
on Uad« in Fmnce arising out of the revolution of 1T93. The bnnin 

) before the House of Lord*, eail il occurred la him that the boat thing 
» to Aim* ftnd inrestigste on Llie spot the condition of the title. It WM 
that all the deeds relating to the eatota had been destroyed b; the resolution- 
he iTsr of 1793, but he hod renean to suepect that thia was not tbe ciue. He 
l^rwont to Strasbiirg, and traced with the greatest vuk tbe notary's book 

■ He went to a little Tillage aad found the notary vho ropresonted the 
Af ITW. and a record of the tmnsactions of the year, first tatisfying the 
tiiat be bad a bond Jtdt interest. He oune back mth tbe etitriea from that 
Od fmtn tbe moment the baron's friends knew that the book had been 
bM withdrew th« cbim before the Committee of the House of Camioons, 
Iho nctrr been heard of since. Thus at anj distance of time tbe tntns- 
In Ponce could be tmcod. How could this be done with reference to anj 
I Kigland ? The baruu stated that he hod made a feudal cession M his 

nin|( a dolen old men who eud tbe; bad seen it, but tbe moment tbe book, 
m yietcnded was lost, was found it was evident that no such transaetion 
L Why was not proportr in England placed on that footing? He wm 
Pare that, irrespectiTD of t'he drastic remedies of Mr. Uobhause as lo deTO- 
knd the lair of settlement, many amaller remedies might be applied. One 
41 bad wisely suggested tb&t the reaommendations of practical eonTeyaocers 
n the first instaniie be taken on that point. NoUiiog could be more 
J« tJhan tlio present system of mortgagee. To borrow 600W., jou had U> 
tlio Ifgal cetate. Wby not make it a simtite obarge, jnrotTing a right of 
llr. Joebua Williams had recommended this, and hod painted out tlukt the 
IDoe of the legal estate was only due to tbe old prejudice against tbe law of 
which JOU could not secure the repayment of the principal, though you 
Dum the annual payment. The diiuculty as to on inteetate mortgagee and 
Mt hia heir in many cases would thus be got rid of. He could not con- 

why the recommendation hod not been carried out that the land shoiJd 
Jheit go to ihe ciecutora. A great many of Ibese things might, no doubt, be 
I out; but Ur, Jcnkius's remark had great force, that those smaller remedies 
I eipet the real demand for deahng with tbe subject. Tliere was ereat 
■od evil in what he bad described as the people being squeeied oS the 
He bad himself eipressed that opinion eLjewhare, and hi^ joined with Sir. 

"tin resitting the molosuro of commons. They had succeeded for three 

1 in tlirowine out all printle enclosure Bills. Ha also felt strongly the 
ion usnl by Ur. Bright tbat unless Bomcthing was done Iba time would 
hen. with tbe eiception of a few thousand people, nobody would hate a 
a go anywhere except on the dusty high roati. These were serioui eTils, 

B ^ueetion wa* bow (o meet them. He did not beliove they could be safety 
" ~"~ met by any remedy Tiulalinr the natural laws of poUcical economy. 
M lae presBnt hmd law obstructou the transfer of land and prevented its 
into its natural channels in all directions whither supply and demand 
lead it, he wished those obstructions removed. The coiisequenoe would 
'y be tbat when land was more eosdy transferred it might be more reodiiy 
i bat titis would be due not to any interfsrencB with political economy, 
the opemlion of its laws. The thriftless man would not then he pro- 
, tbe poMiwioD of an estate by artiScial laws, but woidd part with it lo 
n biw saved money and were able to acquire it. He could not conceive 
^^_ vbioh would compel the subdivision of land, or under which a commodity, 
.ttnataltmys be scnroe and dear, could pass except into the hands uF those 
t ill*«*t their money at a cutnparalively low int«reat. lir. Jenkins had said 
Iw Slate hwl a right to dictate the terms on which property should be dis- 
ot at the Mlalur'a death. Now, as a general proposition, the Stole bad a 
to diotole the terms on which properly of any kind should be held, for 
f mm the ar«atdoii «f the law, Tiwra w«« notUng rerolationary or 



I 



was not paia. ne coma not agree witn jur. oeiuunB uiac no penoi 
allowed to deal with his property at all after his death. 

Mr. Jknkiks explained that he had not gone quite so far as this. It 
a question of policy how far a man should be allowed to do it. Of < 
started from a larger based proposition he could afterwards modify it 

The CiiAiRMAN said the State hitherto had held that a man oaght 
with property for an indefinite time after his death. It was desiraU 
the term still further, but the greatest motive to industry and self den 
that they could not only enjoy their property but could leare it to thoi 
them must not be weakened. He would not interfere, therefore, with t 
power. He hod been struck by Mr. Fowler's economical argument, 
been estimated, 300,(XX),000^ per annum was lost by the imperfect ou 
the land, the matter would hare to be dealt witli in some wa^ or other, 
by facility of transfer we could not make men manage their estates i 
were bound to see that the law put no obstruction in the way. 1 
always be a certain number of people who would mismanage their 
farm badly, but if legal obstructions and temptations were remoT) 
interest of mankind tended to promoting the interests of themselTa 
around them. If the law now tended to discourage the improTemcnt 
Legislature ought to amend it, so that .capital might now in ths 

Mr. R. Arthingto!! wished to know how the Chairman would deal ^ 
of mortmain. 

The Chairman replied that this was not quite gennane to the present 
He was inclined to carry the law a good deal further, and prevent all 
disposal of land for such purposes. The tying up of land in mortn 
aggrafation of the yery eyils they desired to get rid of. 



CONSTITUTION OF LOCAL COURTS.* 

fVIuU is tlie beat Constitution of Local Courts^ and tol 
be tlieir Jurisdiction f—Bj W. T. S. Daniel, Q 

THE object of papers read before this section being to 
load the waj towards practical results, I shall end 
deal with the two questions — the Constitution and Juris 
Local Courts — practically. In the view I take of these 



S-j W. T. S. Davifl, Q.C. 



S03 



V choice is limited l(> tlint involved in one or otber of th^se two 

systems [ Centralisation or Localisation : between 

e two the sirugsle will occur. Locnlisatioo is of Saxon origin, 

ibe more ancient, — Cenlrnli nation of Norman intt'oducti'.n, 

I the more recent. In principle centralisation is the modern 

ireKDiBtive of tlie Aula iiegia with it? subsequent suhdivisioiia 

■Qaeeu's Bench, Common Bench, and Exchequer, supplemcutcd 

I^Uter times b^ the Court of Chancery. Localisation is in prin< 

e the modern reprcaentHtivo of the Hundred Courti, the Sheriffs' 

Borts, and Wittcnagoraoto of our Saxon ancestors. In the Norman 

p recognise tlie principle of liberty eojoyed as a favour granted by 

Thority. In the Saxon we recognise the principle of liberty 

1 aa of right, but limited and regulated by law. Tlie choice 

^weeu these two principles cannot surely he one of doubt provided 

n shown tbat the latter principle is capable of practicable appli- 

ion under our existing social system. 

The rarious changes in our coarts of justice, and the various 
modiiicationR of the administration of justice which ai different 
timei' during the last eight centuries have been effected, whether 
"^teierciae of prerogative or Acts of the Legislature, of which the 
tblishment of Justices in Eyre, Commissions of Assize, courts 
1 by Charter to cities and boroughs, Coui'ts of Itcqupst and 
' 1 popnlous places are instances — all these were but 
nodic efforts, more or less extensive in their operation, intended 
nluc the restraint involved in the Norman system of centrali- 
II ; and partially to restore to the people some of the benefits 
llhat Saxon heritage of lil>eriy involved in local administration, 
Bvhicb the Conquest had despoiled them. 

^or tlie practical consideration of the questions before us, but 
*i mind the fundamental principles which underlie rbem, 
(will suffice to limit our attention to the remarkable efforts in 
b direction that have been made iu the present generation. The 
) to be assigned as the commencement of these oSbrts — a date 
Ibin the memory of many now living, of some probably in this 
], of one certainly — is February 7tli, 1628, the day on which, 
ord Peniance, in his address delivered before this department, 
ETork, in 18(i4, expresses it, " the greatest orator of his age 
". his celebrated oration in the House of Commons, and 
|d ^Kin the sweeping changes which our law required." History 
11 not, I think, record that at that time the genius of states- 
bubip "was extinct among us, tvhatever she may be compelled 
(do DOW. The Prima Minister of that day soared above the 
it of political partisanship, and reached the dangerous height 

■ honest patriotism. The commissions issued by Sir Robert Peel 
1 DOnseqnence of this apeech, resulted in several useful reforms 

■ the law; but none that materially affected the administration 
' the organixation of our courts ; and Lord Brougham 

wm obliged to toil incessantly for nearly twenty years before he 
Iswld re»p the first firuits of his labours in that direction. On the 

14 



lor luruier, ii not general, aaopuon. ii is a pnncipie c 
gradual expansion ; it has been gradually expanded ; and t 
especially the commercial public, as thej are learning by c 
to appreciate its value, are calling for still further czpana 
commercial classes, through the chambers of commerce^ a] 
to obtain local administration by means of special tribunal 
own, and a committee of the House of Commons durin| 
session has reported in their favour, and of their being 
on the County Court system. 

It is curious to observe that while the County Com 
notwithstanding some disadvantages and defects (which, 
may, I think, be easily remedied), has been gradually ex 
various branches of administration till it now includes Com 
Equity, Admiralty, and Bankruptcy, the three form^ 
certain narrow limits, the last and latest without limit 
ments in the reforms in the superior Courts of Law an 
have been treated upon a ditfereut principle. In dealing 
reforms of those courts it seems to have been assumed that 
sation is the proper principle, and that the desired result 
obtained by a partial blending of jurisdictions and proced' 
reforms suggested by the Common I^aw Commission of 
the Chancery Commission of IH51 proceeded upon this p 
blending. By the Chancery Commission of 1852 certa 
of the Courts of Common Law were given to Courts of Eq 
as the power to decide all legal questions, and for that ] 
have the astsistancc of Common Law judges sitting with i 
judges, and viva voce evidence was to a limited extent i 
for written depositions. By Lord Cairns*s Act, 21, 22 1 
the Court of Chancery was empowered to try the quest! 
before itself, assisted by a jury, and by Sir John Rolt's I 
Vict. c. 42, it was designed to make this trial compulsorj 

ixvn naa^krvatinnu (^ ^ Thn nnxirpr tn RAnd nn ifiaiiA twit nf* 



public complaia — delay, expense, amJ uncertainty. Tlie 
Lord Cairns to give a diecreliunaiy powev of trial by jiiry 
maty auiMsesB, and the c»rncsL etitleaTour of Sir J. Bolt 
I exercise of that power cDinpulaory was rendered nuga- 

prnctical operation of tbe two reacnrotions which, rb ia 
I, he reluctantly added lo his Bill. The judges and prnc- 

the Courta of Common Law do not appear to have liul 
illly in accommodating themaelrea to reforms that were 

iulo their courts ; the power to compel discovory hna 
sxtonsively and usefully eiorciaed ; that of gritntirii; iii- 
hough usoful to a certain extent, has proved defective 
exercise must have been preceded by an actual violation 
I (the threat or intention to do the wrong not being sulS> 
[equitable defencos hare proved of very limited applica- 
naequentlj of limited vtUue, these being conlined to cases 
le defence could be reduced to a single issue, dedaive of 

The Judicature Commission in their report, dated 25th 
»9, have pointed out the defective operation of thia system 
g jurisdictional and have unanimously condemned it. 
"much of the old mischief still remains, notwithsinuding 
a which have been introduced," the old mischief referred 
le delay, expenae, and uncertainly to which suitiira are 
ad from divided jnrisdiotioDs, and from courts aciing on 

rules, and by means of procedure. It may, therefore, 1 
reasonably expected thai tbe public will not aanctlon, 
^ialature entertain, any scheme of reform of our judicial 
lich will involve further attempts at blending existing 
u 

' attempt at reform, which so far as adopted has proved 
IS, may also, [ hope, bo considered an not to be carried 
I mean the system of uniting separate jurisdictions in the 
U Thia ayalem, though condemned by experience, and 
yeoTB ago as regarded the old Court of Exchequer, has 
illy revived in an exaggerated form in the County Courts, 
of these the Judicatuie Commissioners in their report, 
'erred to, say, " The present state of ihe County Courts 

be t^propriately referred to as exhibiting the strange 
of a system of aeparaie jurisdictions, even when exercised 
M court. The County Court has juriadiction in Common 

op to50/. in contracts and 10/. in torts; it has also equit-' 
lifttion in cases where the value of the property in diapula 
xceed 500/., and in at least one of auch caaea, namely an 
itive auil, it is now competent for any County Court judge 
I tbe prosecution of actions brought by creditors in any of 
iOT Courts of Common Law. By an Act of Failiament 
wion (1868) aome of the County Courts have i 
rith Admiralty jurisdiction in a largo class of cases where 
it in dispute doea not in some cases exceed 1^0/., in others 
df] U an appeal in each claaa of cases to a Court of 




212 Constitution of Local CcfUfis. 

Common Law, to the Court of Chancery, and to the Coart of AA 
ralty : but these jurisdictions, though conferred on the same eo 
and the same judge, still remain (like the Common Law and Eqa 
sides of the old Court of Exchequer) quite distinct and sepan 
Tlio judge has no power to administer in one and the same suit a 
combination of the different remedies which belong to tiie thi 
jurisdictions, however convenient or appropriate such redress nii| 
be : that can only be accomplished under the County Court syit 
by three distinct suits brought in the same court, before the m 
judge, carried on under three different forms of procedure, a 
controlled by three different Courts of Appeal. In this, therefb 
although at first sight it appears to have obtained that great desid 
atum which the Common Law Commissioners call ' the consolidati 
of all the elements of a complete remedy in the same court ; ' yet 
that remedy can only be had in three separate suits, the viec 
equally great." 

Since this report was published the Bankruptcy Act, 1869, 1 
added to County Courts a fourth separate and distinct jarisd 
tion (the most important of all), the jurisdiction of Bankruptcy, wi 
its separate procedure, separate rules of practice, and separate Co 
of A[)peal. This newly added jurisdiction in Bankruptcy is 
important, and has, in my view, so strong a bearing upon the qo 
tion of the constitution of local courts and the extent of th 
jurisdiction, that it is worthy of detailed examination. The ezK 
of this newly-conferred jurisdiction is greater than that ever p 
sessod by the old Court of Bankruptcy, or than is now possessed 
any of the superior Courts of Law or Equity: it is enforceable i 
only against parties to the litigation before it, and persons wl 
though not parties, voluntarily come in and submit to it (which i 
the limits of the jurisdiction of our superior courts), but against 
persons claiming adversely; and as against such persons it li 
power to restrain by injunction proceedings in any other Court 
Law or Equity, at home or abroad — the jurisdiction extends to 
persons, traders or non-traders — peers are subject to it, and a pin 
of the blood would not be exempt : there is no civil person or ei 
right that is not amenable to its exercise : any question that m 
be raised as to property, real or personal,^ whatever the difficalti 
involved or amount at stake, may be the subject of decision in the 
courts ; and where its jurisdiction has properly attached, no otii 
court can prohibit or restrain its exercise. These characteristics a 
the results of the 72nd section of the Act, and the construction p 
upon it by Lord Justice Giffard, confirmed and followed as it b 
been by his successors, the present Lords Justices, llie proeedi 
provided for the exercise of this enormous jurisdiction is of t 
simplest kind — a notice of motion stating the object required — t 
evidence in support being by affidavit or viva voce examination 
witnesses if requisite, or, if necessary, a jury may bo empanelled 
determine the facts. As a consequence it follows that wherever tl 
jurisdiction is invoked actions at Law and suits in Chaneerj i 



B) W. T. i 

nd unnecesauy. Questiocs of fruuduleot dlapoaitioa al liind 
Dods, of fraudulent preference, of orilei' and disposition, and such 
, which under the old system must have been the subject of 
TBS iu one of the superior courts geiiendly becoming special Jury 
■ to he tried at tlie sssizea, with the coutiageut risks of reiiiauets 

references or questions reserved wilh leave to move, — oil these 
{eets of litigation aud every other tliat can arise (and niuny have 
ea), may now, hy meaDS of tliia simple summury procedure, be 
oaed of by the County Courts sitting as Uisttict Courts of 
ikmptoy. 

3iere is, however, one feature of this jurisdiction which Is 
■rktble for the resulta it produces, lieing an aggravation of the 
• pointed out by the Judicature Commissioners. The jurledic^ 
ilnBaakruplcy, although unlimited, is not exclusive: thi; Courts 
locery and Common Law still rctaiu concurrent juriailictions: 
i may etill be brought, suiia in Equity may slid be iuatiluled. 
I reports show several inslancea in which actions huvu been 
||>h^ and bills filed under this concurrent jurisdiction; » juris- 
, by llie way, which the trustee or his legal advisers, if so 
h], oould slop by timely application to tlie Court of Bank- 

,. Now mark the contliut which in one case bus arisen, and 
tbers may arise, out of this concurrent junsdiction. I allude to 
^iSerent views taken by the Court oi'Excbcqtter and the Chief 
' s in Bankruptcy as to the rights of au execution creditor wliera 

I baa been a seizure, and afler the seizure, but before sale, an 
Sf bankruptcy followed by au order of adjudication or appoint' 
It of a Irustee io liquidation. The Court of Exchequer La leader 
ilaler, L.U., C Es., 228, held that the right of the CKeculion 
Ulor prevailed over that of the trustee : in oe parte Yene^.t, L.K., 
{4, 419, the Chief Judge held the contrary, thnt the right of the 
tc« prevailed over that of the execution creditor, Thi« convict 
I futunatcly been set at rest by the decision of the full Court of 
leal in Chancery in ex parte Rock v. Hall, decided 26th July, 
1, in which Slater y. Piiiiier has beeu followed. But iu the 
r*Bl while the conHict was in force, see the position in which a 
■Dty Court judge was placed ; — exercising his Common Law juris- 
llon, be would be bound to follow the Court of Exchequer, being 
l«f his Appellate Courts in Common Law proceeding: exercising 
tbankruptey jurisdiction, he would be bound to follow the Chief 
Ige, being his Appellate Court in Bankruptcy ; and this result 

at happen, that if an interpleader were brought by the high 
F who had seized goods to which a claim was set up by a 
it in liquidation of the debtor, he must fallow Slater v. Piiuler, 
l{ire judgment in favour of the creditor ; but if in a case involv- 
preoioely similar circumstances, the trustee applied in bankruptcy 
kate the goods seized delivered to him, the judge following the 
biriiy of the Chief Judge, would be bound to order such delivery, 
lilar conflicting decisions involviug equal absurdity may arise in 
t diKWg« of lua duty by the County Court iud(;e when exercising 



Admiraltj rule being to protect the weak against the 
prevent n big ship ruthlessly running down a little oney 
latter may be most in fault — a principle which would se 
applicable to a brewer's dray running into a tradesman'a 
as an ocean steamer running down a pleasure yacht. I 
my own short experience as a County Court judge detai 
of inHtances of absurdity arising from conflicting and un 
diction ; and there is one arising under the Bankruptcy 
which for its pre-eminent absurdity I must be allowed 
Although by the 72nd section, as I have stated, a greater 
is vested in the County Court as a District Court of J 
than is now vested in any of the superior Courts of Law 
yet if upon a petition ibr adjudication, or upon a debtor' 
the debt, if legal, exceeds 50/. and is dinputed, the Count] 
no power to try it ; but the action must bo commenced ir 
superior courts, though probably after issue joined it woi 
down by order of one of the superior courts to bo tried in 
Court. The anomaly was pointed out in the progress 
through the House of Commons, but the answer given 
would not be desirable to give the County Courts unlimit 
tion in Common Law matters by a side wind I 

As a remedy for the evils pointed out by the Comm: 
their report, they say : — "We are of the opinion that 
above allud(>d to cannot bo completely remedied by 
transfer or blending of jurisdiction between the Courts as 
constituted, and that the first step towards meeting and 
ing the evils complained of will bo the consolidation 
superior Courts of Law and Equity, together with the 
Probate, Divorce, and Admiralty, into one court, to bo 
Majesty's Supreme Court,' in which court shall be 
the jurisdiction which is now exercisable by each and 



By W. T. ft XJimfc?, Q.G. 

itT Court system. Tliose District Coorls bive bcnn in operation 

I January lat, 1870. They are esseiiiially local Courts of First 

inc«i posseHsing unlimited juri«liction in nil matlors which can 

it any rights in the property, real or personal, of insolvent 

fS—baukrupt or not, traders or non-tradars — in which creJltoM 

iDt«resteii. The only Boarce nl present accessible to the public. 

n which any judgment can be formed as to whetlier theso 

ilrict* Cuurla hnve answered the importHot purposes ibr which 

J wero established, is tJie Camptrollora' Report for the year 

ling December 31st, 1870, prepared pursuant to section 115 of 

Bankruptcy Act, and laid before pBrlJamenl -Ith May, 1871. 

B remits hhown by this report are certainly meagre, but they 

liUt loine facts wcriby attcntimi which bear upon the question of 

I judicial efficiency of District Courts of Dnnkriiptcy. Fr<>m this 

art U appears that the total oiimber of bankruptcies during the 

IT was 1351. of which there wore in Loudon 319, in the 

UCry 1032. In liquidation by arrangement 2035 resolutions 

n registered ; of these 329 were in IjODdon, 170G in the 

Intry. Of compositions tliere were 1616; in London 287, i" the 

Ifltiy 1329. Thus the overwhelming majority, as might havo 

In expected, has been in the District Courts. Of appeals there 

pur to have been fifty-nine from the London Court of Bank- 

flcy, while from the 130 District Courts there have been only 

7-oight The diBproporiiou U yery striking, but it would ha 

lir to iosiitiite from these figures any comparison between the 

iency of the District Courts aud that of the London Court. The 

rial arrangements of the Londun Court are *o extraordinary that 

' could not fail to produce extraordinary result?. It is simply 

wablc Ihst nay one man, however gifted, can properly dischnr^'C 

duties thtn now devolve upon a Vice- Chan eel I or and Chief 

ge in Bankruptcy. Hence, from sheer necessity the Chief Judge, 

oa his appointment as V ice-Chancellor, was compelled to abdicate 

B greater part of hifl judicial functions bs Chief Judge, and lo 

ffB them to be exercised by the registrars of the I^ondon Court of 

nkniplcy, acting as his delegates, whose sittings have geuerully 

B about three days a week, the Chief rTudge himself sitting only 

iday. The burden thus thrown upon the Ixm don registrars was 

luectedi and. considering the inex.perience of some of them as 

Uttsing barrister)), hai'dly fair, and it would ho harsh to criticise 

■■judgments. For my present purpose it is enough to obsorvo 

forty-eight appeuls from the 130 District Courts of Bankruptcy 

I which the appealable orders made would probably be reckoned 

r llionsands) is such n prim& facie proof of efficiency as to demand 

ftNition : but in saying this I must be understood as claiming no 

indoe share of credit ibr the judges j a very largo share of whatever 

R«dii may be awarded is duo lo the registrars of the County Courts, 

Vf whom, acting as delegaies by necessity of the judges, a very 

Iwge [vropartion of the onlers have been made : and when we 

tbat the Bankruptcy Act, 1669, was the result of the 



216 CcMtUutim Cjf Local CourU. 

persistent labour and influence of the commercial body, ezerdssl 
through Chambers of Commerce, and possessing a poweriful inflnssoi 
in Parliament, it is reasonably certain that if the working of tkaT 
Act in this respect is on the whole satisfactory to them, the prindpb 
of local administration and unlimited jurisdiction will not be depnlii 
from, nor be permitted to be undermined by inconaistent legislatioai ■ 
and their desire to establish Tribunals of Commerce is potttf. 
evidence that they will endeavour to carry thiff local administratioa 
further. 

Having thus shown this machinery in motion, and that it prodoM 
good work ns far as it is applied, I would ask this practical question; 
If local courts with unlimited jurisdiction are available for collectings 
distributing, and winding up the estates of insolvent debtors, whj 
should thcv not ho equally available for similar purposes if applisi 
to the estates of deceased debtors? And having gone thus far, I 
will venture further, and ask why not be made available for dote^ 
mining all ordinary disputes in civil matters between living personsl 
If a right to property, however difficult the question or large tiis 
amount in dispute, can be properly tried and determined in a lool 
court when arising in bankruptcy, why not when arising otherwiM 
than in bankruptcy ? Cases will undoubtedly arise which would bl 
better disposed of by a tribunal at a distance, but such cases wooU- 
be exceptional, and could be met by a proper power of removal 

These questions of revision and reorganization will, I hope, bl 
met and satisfactorily answered hy the long expected further report 
of the Judicature Commiijisioncrs. It is, however, to be borne ii 
mind that County Courts were not directly within the scope of the 
Judicature Commission, although, as already pointed out, the evib 
existing; in them through the attempt to unite separate and distinet 
jurisdictions were strongly observed upon in the report already mada 
And in order that these courts might bo brought within the range of 
the Commissioners' inquiry, a supplemental Commission was issoed 
which included County Courts and also Courts of Quarter Sessioosiid 
other local jurisdictions. Under the latter Commission extendvo 
inquiries have been made and voluminous evidence has been taken; 
but the Commissioners have not at present been able to agree npoi 
a report, and though the evidence has been completed long ago and 
printed, it has been considered by the Government inexpedient tliat 
it should le made public until the Commissioners' further report has 
been agreed upon and presented to Parliament. In this state of t 
suspense I have, therefore, felt myself at liberty to deal with the 
quoiftion of the constitution and jurisdiction of local tribunabaitt 
intcf^ral and essential port of any scheme for the revision of oor 
judicial system and the reorganization of our courts of justice. And 
I shall assume that, as already recommended by the CommiBsioneflb 
there will be established one supreme court of civil judicature, whiob 
the Lord Chancellor proposes to call the High Court of Jostiili 
The essential feature of this High Court is that it consolidatii, and| 
as it were, merges in itself all existbg civil jurisdict^nB> u 






By W. T. S. Daniel, Q.C. 217 

those enumerated la the firet report as also tlie Courts 
the County Courts, and all special Courts of Law and 

I elvil jarisdiations beiDir thus centred iu one High Court, all 
irily to exercise jurisdiction raust, it should seem, emanate from 
iCOBrt, and all courts exercising juriBdiction, derived from the 
I Conrl, ought to be responsible to it. The Higli Court would, 
ifore, contain within itself the elemenU of nil origiiiul junsJic- 
and of all intermcdinte, as well as ultimate and riiml appeal. 
lOrigioal jurisdiction would thus be exercised derivatively from 
Bigh Court, and the extent aod niunner of its exercise would 
Be simply a question of distribution; aud thus wo shall be 
n back to our original qtieatioii — what is the mode of dihtribu- 
nost benefictal to the public — central or local T If the question 
^ be treated ui ra inlegra, surely a man who wants advice would 
it for his interest to be able to obtain it neor home, and if ho 

I relief lie would prefer haviug it at his command withiii easy 
. Few men think of sending to a distance for the common 
■tfies or conTenienees of life, and, in ull civilised commiinities, 
I justice s convenience, and sometimes — ^or rather is it not too 

« necessity t Why should its administration be mitde excep- 
If two men of business in Leeds have a dispute, which can't 
ed without recourse to a court orjustice, why should they not 
Ue to lind within the walls of this eplomlid pile the machinery 
■appliances adapted to llieir purpose, and constantly ready for 
'IIM T If a Leeds merchnnt dies and the machinery of a court 
Itice mu«t be set in motion to ensure a proper distribution of his 
t, why should not that distribution be effected here, where, 
; probably, the bulk of the pi-operly to be diatributoj, and moat 
W parlies interested in its distribution will be found. I am at a 
to picture to my own mind any reason acceptable to common 
(if we are at liberty to inke that for our guide), why, as a rule, 
Ipoal jurisdiction (admitting there may be exceptional cases 
lOttght to be provided for) central authority at a distance should 
iferred to local authority near at band. The advantages of 
)ver central administration maybe thus summed up: greater 
ies for sscerialning the real merits of any question, less delay, 
TSi, greater certainty of a just decision ; and, if there be error, 
r facility for correcting it on appeal. 
eoDsideriDg, as a practical question, how far the County 
1 aystem may prudently bo made, through re- arrangement of 
ni and concent rati on of courls, the basis of the establishmejit of 

II of First luslance, with unlimited jurisdiction, it will bo useful 
U attention to what has been already done hy County Courts. 

B retarns laid before the House of Commons fur the year 1869 
"pcara that in that year there were sent for trial fi'om the Superior 
'• 315 cases under s. 26 of the Act of m56 ; lo8 cases under 
r the Act of 1869 ; and 116 cases of tort under s. 10 of the 
f Act ; in nil 5^9 cases. Similar returiifi for the year ending 



218 ConstUuium of Local CourU. 

1^70 show uDder the same heads that in that year there were unfa 

the flrRt 284 cases, the second 180 cases, and the third 129 cases, ii 

all 693 cases. All these cases were properly triable at the aMH 

or the London or Westminster sittings. The third class compriw 

in each year almost every variety of tort, seduction, libel, dante 

malicious prosecution, false imprisonment, trover, injuries to pem 

and properly throuri^h neglip^cncc. In some cases the damages Irar 

laid as high ns 1000/., and the amounts recovered in some em 

varied from 300/. to 100/., and in several more exceeded 50/., whD 

in several others the verdict was for the defendant. The somen 

turns show that in 18(59 forty-three coses, and in 1870 twenty-dgl 

cases, above 50/. were tried before the County Court judges byagrci 

mcnt. In 1869 13,445 cases, and in 1870 12,029 cases above 20 

and under 50/., in 1869 921 case?, and in 1870 1063 cases with 

jury, were tried in the County Courts, and in all this vast number ( 

cases the right of appeal existiMl. The same returns show that ia tl 

year 1869 there were twenty appeals, and in 1870 thirty-dgl 

appeals ngainst County Court decisions; and if we turn to aayt 

the series of reports of legal decisions and see the sort of qaesdoi 

whicli arc raised on these appeals we find them to bo questioni \ 

great nicety and diflieulty, and upon which even the appellate jadgi 

are not always of one mind. Now, with these facts before uiii 

not a just conclusion that the law as administered in County Cour 

is in the main as satisfactoiy to the profession for its correctnea^i 

it is to the public for its ju8tice? I wish I could proceed toibo 

how small is the cost of these proceedings compared with the nB 

given, but I regret the returns do not furnish apt or sufficient nut 

rials for tliis purpose. By way of comparison with the supvi 

courts let what follows be attended to. From returns of thenumlN 

of causes tried in London, at Westminster, and on circuit for t 

year 18G9, the following results appear: — Verdicts above lOQ 

551; verdicts above 50/., 309; verdicts above 20/., 517; ver^ 

under 20/., 233; total, 1610; coses without money verdict, 75 

total, 2368; motions for new triul 525. These motions may be i 

garded as appeals from the decisions at Nisi Prius, In the Con 

Court the appealable eases for 1869 were 14,077, and therein 

only twenty appeals. Thus, making the largest allowance that C 

reasonably ho re(iuired for the smallness of the amount and 1 

simplicity of the (piestions involved, there is a difference in the p 

portion of appeals which has to be accounted for, and I venture 

account for a large proportion of this difference by the fact that t 

judges at Nisi Prim nirely decide any question of law, but \tKH 

given to move, and the rule nisi is obtained almost as of course wh 

such leave is given. Whereas in the County Court the judge 

bound to decide all questions as they arise upon his own respoi 

bility, and subject to appeal as of right. Sometimes in cases bd 

20/., when power of appeal is discretionary with the judge, lew 

given, if the special circumstances of the case justify suih leave, \ 

I have sometimes given it. As to costs, I have seen a retiini,ii 



Kcuracy oFwhicli reliance may be placed, sfiowinff tlie amount 
ia venlkt and costs in each case in tbe Quecn'^ Hench for ths 
■ix monUiB of 1870. The results ore as follows : — In ttiirty-flvB 
I, where the verdicts are iibovo .30/., and not exceeding 100/., 
taxed costs of the plaintiff avt-rsge H8 per cent., and in cases not 
"idiDg 50/. tliey average 225 per cent. ; in each case the extra costs 

,e pinintil]' payable to his own nttorney, and the costs of defen- 
,as between miorney and client, must be added. The aggregate 
mt is frightful : not le8^ probably, than 500 per cent, upon tlin 

tmount recoTcrcd, These aimplo facts and figures surely will 
e open the eyes of tlie leaders of the profiiesion to the true 

f fur the evils of which tiie public complain. Before quitting 
■abject of custs, I may obserre tiiat I have not been able to 
mtr any return of the costs of proceedings in those Bpecial 
dictions which aspire to the dignity of the superior courts. 
I are the Pasnage Court at Liverpool, the Sailord Hundred 
rtat Manchester, the ToWy Court at Bristol, the Lord Mayor'a 
ft in London, and the Burgesses' Court at Newcasile-on-Tyne, 
tkere may be a tew others. These conits are, I believe, great 
PTJtes with those who practise in and resort to them, am) they 
Iden relieve the suitors from some of the more bunlensome evil* 
)e anperior courts ; but opon the question of costs, as well as 

Af expedition. I venture to say they will not, in contested cases, 

leompariaon with the County Coui is. 

"o not f ttempl to deal with the questions of delay and expense — 

■ring upon the present procedure nod practice of the Court of 

eery. Sir B. Palmer, during the last sessioTi, stated that there 
I fifty-nine public companies which had been under process of 
Hng-np for fifteen years, and none wound up yet — and 1 may 
dou this iritling but signiticaot fact, that last July I was 
rated by a 6rm of solicitors in Lincoln's Inn Fields to send 
L an Bcknowledgraenc of the pnymout of a ft^e in a cause which 
just then been heard, and the costs ordered to be taxed. The 
nal bill had been filed in 18o8, and the retainer given and the 
Mid to me shortly afterwards. Upon this subject I must content 
ilf vith repeating a passngc contained in a paper which I had 
hooour of reading before this Department at Birmingham, in 
I, and pablished in the Transactiont of the Association for 
year, p. 223. Having referred particularly to the procedure of 
Court of Chancery as then recently amended, I say, "The 
BBt of time and money ^pent in this unsatisfactory procedure is 
' inadequately known to or even ascertainable by the public. 
Btlals for forming n judgment might, however, he obtained if 
( public spirited resolute law reformer could he (ound in our 

Fiu-liament, who not fearing to disturb tbe repose of official self- 
posure, would move for returns properly directed to the subject 
I the offices of the Record and Writ Clerks, the Examiners, the 
istrars, and the Taxing Masters of the Court of Chancery. The 
Bwbic^ would appear upon such relonis, I venture to say, would 



220 CoMtUutim of Loccd CaurU. 

be, if not startling, certainly instractive, and might be mad 
No such returns have ever been made, and none exist, wb 
sufficient information to the public upon these two points — 
expense in the Court of Chancery. It may, however, 
assumed that that Court is not, in either of these respects, 
the superior Courts of Common Law. 

From what I have before said, and the details I have 

must not be understood as suggesting that the County Coui 

now exist should at once, and as it were per salium^ be 

into Courts of First Instance with unlimited jurisdicti 

would I suggest that the District Bankruptcy Courts sho 

converted, though I think those courts may well be made 

siderablo extent the basis of the changes I suggest. The a 

of the Courts of First Instance as I suggest to the 

Court system would necessarily involve considerable chan 

existing arrangements. Changes such as these — (Ist.) A 

in the number of the courts, by doing away with sevei 

smaller courts ; (2nd.) The power to obtain judgment I 

extended to all cases of money demand above 5/. ; (Srd.) 1 

of limitation for the recovery of debts for shop goods shoul 

siderably reduced, in the spirit of the obsolete though u 

Statute, 7 Jac. I. c. 12 ; (4th.) The principal registrars to h 

diction to hear all cases of contract up to 10/., and in al 

tort up to 2/., and any cases by consent, with power in spi 

to refer the hearing to the judge ; (5ih.) The registrars sh 

frequent courts for these purposes, in some places fortnigh 

others monthly; (6th.) There.should be an appeal from th( 

to the judge, whose decision should be final ; (7th.) 1 

should hear and dispose of all other business, with the i 

when required, of commercial assessors, after the manner o: 

assessors in the Court of Admiralty ; (8Lh.) There shoi 

appeal from his original jurisdiction to a Divisional Cot 

High Court of Justice ; (9th.) The Courts of First Instan 

be established in the metropolitan districts as well as throu 

country ; (10th.) By a re-arrangement of circuits and con< 

of courts, the Courts of First Instance should be establish^ 

ven lent centres, and thus a considerable reduction would be • 

the number of judges and registrars — probably one-half of i 

and three-fifths of registrars; (11th.) There should be a 

removal from one Court of First Instance to another for can 

(12th.) The procedure and practice in all the courts should 

and uuiform, and the process of each court should run tl 

The Court of Probate and Matrimonial Causes might be 1 

model for the procedure and practice of Courts of First 

(Idth.) The judges should be appointed by letters pi 

selected for their fitness, and take rank according to senior 

themselves, and next after the puisne judge of the Hi] 

(14tb.) There should be a chief registrar to each Com 

Instance, an assistant registrar when necessary, and ^ aufi 



Hy W. T. S. Daniel, Q.C. 

erksj (15lh.) The existing County Court jadgea, wlio liave 
d ten but less ihnn twenly years, should be nllowed to resign 

pemions equal to two-thirds of iheir present ealariea ; tbnao 
have served twenly years at their full snlary ; and the Lnrd 
icellor ehoiild have full power to require nny others to resign 
. rach pcnsioDfl (not being less than two-lhinU of their preseut 
nt>) as he shall deem just; (IGth.) The judges and chief regis- 

should be ineligible for pHrliament, but the judges ahoald be 
'e for the High Court, and the chief registrars 6:(cluded from 

* A set of courts established upon ihia basis would. I 
re, be more efficient and economical than ibc present, and the 
nation in the number of judges would allow of judicinl salaries 
[ paid of an amount which would secure the services of able and 
rieueed lawyers. It would not he within the proper compaBS of 
Wper to enter into details of probable cost. I think it could he 
D to be lesi than the cost of the present system ; but, be that as 
y, I venture to think thai Parliament will be found ready to 
[money for money's worth. 

'e view of this great question — the constitution and jurisdiction 
>] courw— will not be complete unless we coosider what llio 
\ will be npon our superior Courts of Common Law and Equity, 
lie Buhsiitution for them of one High Court of Justice in which 
jMtrsle jurisdictions shall be merged. The first and immedinte 
I will be ibc abolition of the artificial distinction between Law 
Etjuity ; it is well known that that distinction grew out of a 
differenca of procedure arising from the forma of pleading in 
lOU Law actions. By the Statute of Westminster, 13 Edward I., 
B proTJded "That when the law failcth for remedies, lest 
■ comiog to the King's Court should depart from thence with- 
tmody, they shall have writs provided in their cases." Lord 
ibury, Sn his inaugural address to the Juridical Society, 12th 
D, 186.!), observes : " If this had been fully acted ou the law of 
\D& might have been matured into a uniform [and comprehen- 
ijvtexa; for it was justly observed by one of our judges in the 
of Henry VI. that it actions on the case had been allowed by 
to of Law as often as occasion required, the writ of suhpccna 
1 haT6 been unnecessary ; or in other words, there would have 

o distinction between Courts of Law and Courts of Equity, 

e whole of the present jurisdiction of the Courts of Chauceiy 

1 Have been part of the ordiuary jurisdiction of Courts of Law. " 

Y result of the abolition through the establishment of oue 

t will be what has been miscalled the fusion of Law 

tqalty — properly speaking there will be no fusion ; tho stream 

ice, though for cenluries it has been artificially divided into 

A channels, would thenceforth flow in its natural and original 
mesa: the change will be that courts for maintaining civil 
land preventing and redressing civil wrongs will be no longer 
I of Law opposed to or competing with Courts of Equity, 
Ueourte willl>e courts of justice, and the functions of all judges 



222 CoMtituUan of Local Courts. 

will be what those of County Court judges, when ezerciaing juriif 
diction in the District Courts of Bankruptcy* are now, namelj^ || 
declare the law applicable to the right in question, unfettered ly 
any mere technicality of pleading, or procedure, or artificial limitlii 
jurisdiction. 

This origiDal jurisdiction must also, as recommended hj fti 
Commissioners in their first report, be exercised by judges iitlii| 
singly, and as the procedure is to be uniform, the pleading mm^ 
and the evidence, when given viva voce, taken before the judge iili| 
is to decide upon it, it is certainly not easy to see how such a lyili^ 
can be accommodated to Common Law Sittings in Bane^ or a syiM 
of Assizes, or to the present mode of hearing causes in the C<Mi| 
of Chancery. Nor, I venture to think, can it be reasonably » 
pected that the judges of our superior courts should be able l| 
accommodate themselves to such a radical change in their Ifr 
hours and duties as would be involved in such a system: hit 
there need be no difficulty ; the judges of our superior courts mm 
at once be made judges of appeal, and their functions io ra 
matters be limited to the duties involved in that high office. lii. 
question of the proper compoEition and constitution of a CmiI 
of Appeal is not within the limits of this discussion ; but for tti 
reasons 1 have endeavoured to advance, that question, though baTfaf 
to be considered separately and apart, will still have a direct^ I oif 
say necessary, connection with, and reference to, Courts of Knt^ 
Instance to be established throughout the country. i 

In conclusion allow me to state that the views which I hare tks '^ 
endeavoured to expound are in harmony with those I have hithertl =; 
attempted to explain.* And I give them as the result of my expefisMI 1 
and observation as a judge in the important commercial and miM* \ 
facturing district over which I have the honour to preside, ail '^ 
whose enduring and increasing interests in the expeditious, inexpai- > 
sivc, and efficient administration of justice — interests which ank 
conmion with those of all like communities — it is my earnest dini > 
to advance. 



On the Same. By Charles Wager Ryalls, LL.D. Lonl, 

Barrister-at-Law. 

Ik order to settle the question as to what is the best oonstttutioa of 
local tribunals, and what are the proper subjects for the jurisdieliM 
of those tribunaU, it must first be ascertained and determined. Whit 
is the primary and universal object of courts of law ? (2ndly.) Exulr 
far local courts are necessary and why ? (3rdly.) Should lool 
courts be separate and distinct, and should they differ in coostitatioii 

• Soo Tratmctions, 1868, p. 226 ; 1870, p. igi. 




^Sa CliarUa Wager Ht/allt, LLJ). 223 

■preme court, nnd how either in Uie remeiliod tlioy enforce, 
ibjects over which they have jurisdiction t 
primary object and uuirersBl purposa of courts ai lavr is to 
^lledy, or the means of eoforciag all lej;iiil clsinia, where tlie 
batlur of claims is witlthelOi, labiug cure tlmt the eawo legal 
{b graaied, in every siniilor case, 10 every suitor, regardless 

Eal position, or the aniouut of liii cluim, in ottier wurda tho 
Ditld be uniform ; and this should be done at ihii Imtal 
\ expense, consistent with cliieieucy, r.ir., no expense should 
id either iii compelling a euitor to gu an excessive diBtance, 
u uureaaouabio lime lor his remedy, nor should tho suitor be 
|i tedioiculitiea of procedure uut all'ucting the mejita nor pro- 
Uiu just deteroiinutioQ of hia cause. 

Kcwsity for local coui*t3 will be appareul to every one at all 
ped with the admioiatratioa of Justiite. The admbistrutioa of 
|Mnedy iarolvca two proceaseB. (Ist.) The discovery of tho 
|ld (Sod.) The application of tlie luw to those facts. Tb« 
[ Coinuon Law Courts of England have pursued different 

I tor each of these purposes, the discovery of the facts being 
to the jury, uud tlie deeisiou of the luw bt.'ing reserved to 
ge presi-hug at the trial ; such decision b^ing lisble to review 
Riperior court iu which the action happens to be brought, and 
pnent of such superior court being itself liable to review by 
■f Error, ibu highest of suuh Courts of Error being the House 
^ Thus an uniform and certain administration of remedies 
p aUbrdcd by the superior Courts of Law, culminating in one 
UK of Appeal, each of these courts being bound hy the deci- 
^ thQ court immediately superior to it, aud hoiug bouud also 

E'oua of courts of co-ordinate juriBdiclion when such decisions 
I to be reversed in error, but have not beou taken to erroi', 
Kor courts have, for the purpose uf deciding the luw on an 
state of facts, always sat in the metropolis ; for this 
I it can scarcely be contended that any better arraiigamont 
W made. The attendance in court of the suitor tor this 
\is scarcely ever necesaaiy, and very seldom takes place. 
the purpose of ascertaining the fact^, however, to which the 
Ib of the suitor, or witnesses, is almost always ahsolutely 
yj, itod almost always takes place, a different course has 
I* MtrliQsl times been adopted. To save the expense and 
jecessarily conse^iieni on a suitor and his witnesses being 
kd to go to* the metropolis for the purpose of the trial of the 
I tlic sail, Iha judges have for this purpose regularly gone 
Bft^ holding courts in every county, and, latterly, holding 
\a aer«nU plncea in certuiu counties. Courts of Assize may 
^ be termed local courts. Unless tliere is some legal question 
let«rntiited, judgment aud executiou immediately fohow on 
rdiet of the Court of Assize. 

|l has an attempt been made to give every man the same 
t&if th« aune wrong ; and to give that Eemedy cheaply and 




Hi ConBiituium of Local CoutU. 

expeditiously by bringing the court nearer to the door of the A 
when necessary. It is concluded that local courts are only neca 
for the purpose of deciding disputed facts. 

There were formerly a great number of inferior local o 
throughout the country, for the purpose of giving a speedy 
inexpensive remedy in cases considered too trivial for the sap 
courts ; most of these courts were abolished in the foondatic 
the present County Courts about twenty-five years ago ; sonMy 
ever, still remain and are extensively used. The judgments of 
courts were liable to correction by a superior court as are 
which remain to this day. These inferior courts, therefore^ 
answered, and those remaining still do answer the same pv 
as the Courts of Assize, if., of bringing justice to the door oft 
subject, uniformity of remedy being enforced by a right of a 
to a superior court. 

The County Courts are, at present, the local courts which al 
the greatest amount of local business in the land ; hot then 
other Courts of Record also which do a very considerable busini 
the determination of suits. There is, it must be allowed, a 
great dissatisfaction with the County Court system ; such dia 
taction is entertained both by the public and the legal profei 
and so universal is it that it cannot be considered UDJostifl 
The other inferior Courts of Record are not the subject of so i 
complaint ; some of them are much used, and very recently o 
the most important of them (the Salford Court) has been impi 
by legislative enactment, and is very popular in Manchestei 
the neighbourhood for the settlement of legal disputes. 

Some tell us, however, that we have in the County Courts a s] 
of local tribunals which answers well. To convince strong part 
of County Courts of the contrary may not be a very ho 
task. There are, however, some facts connected with County 
which deserve notice, and these facts appear on the judicial stat 
of 1868, 1869, and 1870. 

The first set of facts apparent on the judicial statistics which 
bo mentioned is— 

Total amount for Total amount « 

which plaints entered. Court fees. 

£ £ 

1868 •.. 2,577,133 354,575 

1869 ... 2,622,565 357,494 

1870 ... 2,644,762 352,845 

The amount of fees received by the three superior coorts di 
1870 was 52,593/., being about one-seventh of the amount reo 
by the County Courts. 

Thus it will be seen that in court fees alone suitors are, b 
present County Court system, put to an expense something lil 
per cent on the amount received. This includes no charge fin 
fessional assistance. A system which requires such a pireliiii 



fj<m Ihe part of tlie suitoi* cerlainly cannot be called clieap. 
'~ of ttiis outlay is caused by the fact that a large staff is neces- 

kept in (be registrar's office of a Coualy Court for the purpose 
lUecting tbe money recovered in the court. Thus the court is 
I tlie collecting agent of the creditor at the expense of the debtor, 
ihould be altered. An option should be ^ren to the suitor to 
t his debt collected by means of court o£Bcials, or to collect the 

of the judgment himself, and in case he preferred the former 

I be should be compelled to pay larger fees, which he should 
Irke allowed to recover from the defendant. ' This last suggestion 
on the aFSumptioQ that the colletiting system is to be con- 
It is, however, contended that it should be abolished, and 
court ehoulil exist only for the purpose of settling disputes 
uforciug its judgments. 

>r can the present County Court system claim much as being a 
ly system. A cause is not, as a rule, heard till a mouth from 
iag, and unless the claim is on a bill of excliange or for goods 
to.a defendant in the way of liis trade (when ten days mast 
a between service and bearing), judgment cannot be recovered 
H the plaintiff appears to prove bis claim, or the defendant 
la liability ; and after judgment a further period of about tea 
idapaes before execution can be issued. Adjournments of the 
ng also very fre<iueittly take place and, in such case, ten weeks 
'dapse before a suitor can recover his claim. This, however, 
iBsttor of procedure rather than of the constitution of the 
i. 

he following extracts from the "Judicial Statistics" of 1870, 
' ig to certaiu inferior Courts of Record, may be found instructive 

I Babject of expense : — 

Tot&l amount. Total amount Per eont- 

of plaiat* of fee*. agB. 

£ £ 

of Passage, Liverpool... 70,453 ... 

dConrt 97,552 ... ; 

' Borongh Court ... 4,785 .,. 

Ae Hull Borough Court shown a slightly smaller per-centage of 
than the Derby Borough Court, on nearly the same amount of 

L 

Iho County Courts, afler the consideration of these facts, must be 
lidered as a failure, so far as economy is concerned. 
!be biferior Courts of Record allbrd the means of recovering a 
1^ judgment; in undefended cases no case is delayed longer 
[ three months, as the Court always sits quarterly, and in some 
■ oftener; and, taking the average, the delay will not be found 
tor than in tlie Couoly Courts. 

very inifwrtant and instructive aspect of the judicial statistics 
; to County Courts is the statement of the number of 

15 



, less than S. 
about 3i. 
rather over 3. 



226 Constitution of Local Courts. 

The County Court returns make the number of the appeab :— > 

aU loOf ••• ••• ••• ••• ••• f«« Xft 

X OOO ••• ••• ••• at* ••• ••• Zv 

J.OOv'*** •(• *•• ••• ••• ••■ MM 

JOiv**« ••• ••• ••• ••• ••■ oo 

Total 94 

The returns of the superior courts give the number of jndgmc 
in County Court appeals : — 

Xu, xoOi*> •#• ••• •#• ••• ••• o 

^000«»« ••• ••• ••• ••• ••• 2X 

XOO«/>*» ••• ••• a«* ••• ••• Z«f 

XO i yj m* • ••• ••* ••• ••• ••• 22 

Total 80 

There were in the years 1868 and 1869 no less than 1200 e 
sent from the superior courts for trial in the County CourtSi 
there were 23,500 actions commenced in the County Coorft 
England and Wales, in the same two years, for sums of abore K 

The appeals from the Metropolitan District County Coord 
1868 and 1869 were— 







Circuit. 






Whitechapel 


• • • 


(39) 


■ •• 


1 


Bow and Shorcditch 


•• • 


(40) 


!•• 





Clcrkenwell 


t • • 


(41) 


t •• 





Bloomsbury 


••• 


(42) 


>•• 


1 


Marylebone and Brompton, &c. 


• •• 


• (43) 


1 • • 


1 


Westminster 


• • • 


(44) 


« 
> • • 


1 


Southwark 


• • • 


(46) 


• •• 


1 


Lambeth ... 


• • 


(47) 


1 • • 





City of London 


• • • 


— 


»•• 


6 



Total 11 

To the Westminster County Court alone, in the years 1869 
1 8G9, more than 100 actions were sent from the superior conrti 
trial ; but the County Court statistics show only one appeal doi 
that period from that Court. It may also bo mentioned that dm 
the same period not a single case in which the demand was i! 
50/. was taken to that Court for trial by consent ; one might €at\ 
to find some such case if there were great confidence on the pii 
suitors in the tribunal. 

Turning, however, from the number of appeals in the metn 
litan courts to those in the country courts we shall find no g 
alteration of the above figures. 

Taking the six most important towns in the kingdom we shall 
in the two years 1868 and 1869 only seyen appeals. 



By Charles Wager ttyaUsy LL.D. 227 

Circuit. 

LiTorpool ••• ... ••• ... I 6) ... 3 
MancnoBter ... ••• ••• ( 8) ••• 1 

xicCdS ••« ••• ••• •.. (1^) ... U 

Birmingbam (21^ .«. 1 , 

Sheffield ••• ... ... ... (13) ... 

Bristol (54) ... 2 

Total 7 

1 the same two years 37 causes were sent for trial in the Liver- 
Coanty Court alone ; and 907 causes were commenced in that 
rt for above 20/. ; only 4, however, were, by consent, brought into 
Court for sums above 50/. 

hat the number of appeals, then, from the County Courts to the 
rior courts is remarkably small is apparent ; and when we con- 
* the extent to which they are out of proportion with appeals from 
es of Assize, and the dissatisfaction which is frequently ex- 
sed with the decisions of County Court judges, it would seem 
ily probable that the cause of this is some fault in the system. 
liB causes are conceived to be as follows : — 
lliere can be no appeal without previously being given by 
ippellant, who must deposit 50/., or enter into a bond for that 
ant ; nor can there be any appeal at all if the amount claimed 
ider 20/., without the leave of the judge. This deposit of 20/. 
le case of a poor man, sometimes having nothing but his claim in 
iction, very often amounts to a denial of justice. He may have 
ibstantial claim — able counsel may be of opinion that he is en- 
d to recover. The County Court judge has decided against him, 
aps very hastily, and without giving any reason. Had he 20/. 
night appeal against the judge's decision ; because he is poor 
aumot; and thus he is punished for the simple fact of being 
'. It is a gross inequality, and a cruel oppression, in the law 
i poor man to be told that he shall have no opportunity of having 
»se decided by any but a judge of an inferior court and that 
t the humblest civil court in the land. 

his regulation should at once be swept away if the present 
nty Courts are to be continued, so that a man's poverty may be 
lir to his having his cause considered by a supreme tribunal. 
re may be cases in which the Court should have some power of 
nuning such litigation as is flagrantly vexatious and dilatory, but 
ezerclse of such a power should be restrained by proper safe* 
rds in £&vour of the suitor, nor should such power in any case be 
he hands of the inferior judge. 

liere is, however, another course which would render the exaction 
tenuity from the appellant unnecessary, t.e., the provision of a 
if and speedy means of appeal. As a rule, a plaintiff cannot 
le execution in less than ten days from the judgment, and there is 
reason why an appeal might not be heard wiUiin that time, and 

15—2 



226 ConstiMum of Local Caufis. 

that at a very small cost. Thus an appeal might be made 
dilatory nor vexatious, and if it were done by a rale nut the 
dent need be put to neither expense nor delay if the appellate 
were of opinion that the appeal was groundless. It is su 
that the appeal should be by rule nm, except in those cases i 
the inferior judge gave leave to appeal. 

Further, it may fairly be asked, what greater reason i 
why a suitor iu a County Court should be called open 
security for costs before he can have the advantage of rea 
supreme court, than there is that such security should be giv< 
suitor in a supreme court whose case has been tried before 
of Assize. A suitor dissatisfied with the ruling of a judge 
l^us may move for a new trial, or to enter or to set aside a 
or nonsuit on leave reserved, without giving any security fc 
though he may sometimes require an order to stay executi 
cannot move the court before execution is due; and even th 
sity for this might be saved by having a court constantly sit 
hearing appeals. It may also be stated that in superior 
satisfied judgment may be reversed by a Court of Error and i 
restitution issued. Nothing like this is possible in County C 
security is given for prospective costs. There is less rei 
security being given on an appeal from the ruling of a Coonl 
judge, than from that of a judge of Assize, who is generally s 
to be a person of greater experience and higher attainment 
County Court judge. The argument is sometimes used thi 
and ready justice is often a necessity, and even an advant 
this is nothing more nor less than saying that injustice is bet 
justice. The poor man is entitled to the same consideratioi 
cause as the rich man, and that although he is too poor to pi 

II. Another cause of the small number of County Court 
is the restraint upon appeals exercised by the County Court 
who very often treat un appeal as a personal afiront to thei 
and OS the appeal is, by special case, signed by the Coonl 
judge, that functionary very oflen throws every possible 
in the way of an appeal when the case is presented to him 
nature. The superior courts have on some occasions ei 
something like indignation at the refusal of County Court ji 
give to the parties a certificate of their ruling or of some f 
nected with the trial. This dislike of an appeal by tb 
operates on the advocate of the suitor. The advocate in the 
Court is often an attorney who is not the regular legal ac 
the suitor ; he is often before the judge, and when he seen i 
position on the part of the judge to entertain the idea of aa 
he very naturally hesitates to take any steps which might ci 
to lose the favour of one whose dislike would be so incoi 
to him, as would that of a County Court judge. He oai 
afford to dissatisfy a clicut whom he may never see again, 
displease a judge before whom he constantly appears — thus a 
in many County Courts has become in a great measure 



B'j Charles Wager JiyalU, tL.D. 229 

louring of the weakness of tfac presiJing judge, nnd a Btrango 

icate Appenriug in u Couatj Court sometimes finds it liopeloss 

lalead uguinat an Bdvocute who ia uccustoDied to tbc Court. 

I lb« foregoing remarks may be eonsidered somewhat acvero it 

not be un instructive to look at the result of the few Couuty 

t appeals which are heard aod detcrmiDed. In the returns of 

superior courts, iu the "Judicial Statistics " for 1867, we find 

'' judgmcDts, 4 being reversals of the jadgmcot below; in 

we find 21 appeals, and 13 ended in a reveranl of the decision 

■i nearly 2 out of every 3 being reversed. In 1869 the 

re not ao numerous (being 14 reversals of judgments out 

appeals, or not quite half reversed; and in IS70 there were 

■ppeals heard, and in 16 of them tho judgments below wore 

led, or rather more than 3 reversals out of every 4 jud^imeuts, 

e«rtainly does not show tbut the County Courts are infatliblei 

llt«W facts alouo form a strong argument in favour of an 

iBi(»i of the present right of appetd, Had the 47 appellants in 

47 revereed decisions been unable to deposit 20;. they mnsC 

suffered a denial of justice. How many did suflcr, aimply from 

rasMssing that sum, cannot be known ; hut any professional 

{iraetiaing in County Courts is well aware that very many 

lU fall through solely in cousequeiice of tho suitor's poverty, 

judges of the superior courts, moreover, sometimes connot 

in from expressing surprise at ihe ruling below, and it is 

a means unusual for Ihe appeal lo be laughed out of Court on the 

il case being read, so mnnifestly wrong i^ the judgment below. 

previous remark, as to tlic County Court advocate discouraging 

Hppeal from the judge's ruling, brings forward a suggestion aa 

« constitalion of local courts, and the hint which it furnisUea 

tU local courts should not be constituted of local persons, and 

lis that they should be constituted as supciior courts. 

lie present County Court judges go circuits of various extent, but 

sme judge uover changes his circuit — whilst it is evident that 

local judges must be on the spot constantly, c.^., stipendiary 

itrates ( yet it is coutended that this practice should be adopted 

ttle as possible in the administration of justice, and certainly not 

ises where such large interests are involved us those committed 

the judges of County Courts. A court constituted of local 

sons is apt to give rise to those partiali^es which naturally affect 

bntian institutions. 

taotker feature of the County Court system, which It is con- 
rtd cannot but bo highly objectionable, is the bestowal of largo 
kill powers upon the registrars of County Courts. When it 
lemembered ibot the registrars of County Courts are mostly 
the very town in which they act as registrars, and 
coostantiy coming into contaet, in their capacity of attorneys, 
1 the attorneys who may appear before them when acting judi- 
lly, it must be apparent that the system ie open to grave objections. 
ii placing an immense power In the handa of a person primarily 



230 . Constitution of Local Courts. 

objectionable, without any sufHcient safeguard agaiost its abm 
Attorneys cannot fill the office of Justice of the Peace for a borooi 
nor can tbcy be justices for counties in which they practise. Ii 
rule is a good one and has been recently affirmed by the Legislatw 
That such persons should act judicially in County Courts seems 1 
be in defiance of a sound and recognised principle. 

The suggestion offered as to the constitution of local courts, i 
the strictest sense of the term, is that stipendiary magistrates shoal 
be appointed throughout the country who should have a dvil i 
well as a criminiil jurisdiction, over a convenient district, incla£o 
cognizance of all claims on contract for less than 15/. (similar to Ui 
junsdiction of the Metropolitan Police Magistracy in Detinue); in 
that as to civil contracts his jurisdiction should be also similar 1 
that of a County Court judge under the Act establishing the Coiul 
Courts, u right to a jury being retained, where demanded — ^Tbi 
these judges should nit frequently and at such distances as tl 
])resent places for holding Petty Sessions. It is conceived that the 
judges or magistrates might have a jurisdiction in Equity in all cas 
considered too trivial for the Court of Chancery, and they mig 
also act as chief clerks and examiners to the Court of Chancer 
and as masters of the superior Common Law Courts, where tl 
incjuiries were of that kind that they could be made better and it 
less expense on the spot than in London. The courts held by the 
magistrates would be local in every sense of the term — but for tl 
trial of all causes not triable at the Assizer. 

It is proposed that subsidiary judges of the superior courts shon 
bo appointed*— That all actions for liquidated demands above li 
and under oOL, and all actions of tort, ordered by a judge of a superi 
court to be so tried, should be tried before the subsidiary judgi 
holding local courts, at such places as the present County Courts s 
held — That such judges should make their circuits every two months 
That these judges should change their circuits in the same maon 
as judges of Assize, and should not, like the present County Cos 
judges, be fixed on one circuit — That all actions be tried before 
jury, unless both parties desired to dispense with a jury — That t 
ruling of these subsidiary judges should be liable to the same revu 
as that of a judge of Nisil^rius — That they should be compelled 
certify to a superior court their notes of the trial, and also thi 
ruling, which should, on the application of either party, be reduc 
into writing at the time that it is laid down to the jury. These jad( 
might also perform the duties of stipendiary chairman of Cooi 
Sessions when such officers are established, as it is anticipated i 
shortly be done ; and the courts for the trial of prisoners and 
causes might be held at the siime time and place. 

This might be done at no greater expense than is at present! 
curred under the County Court system. It may be objected that t 
chamber practice, or interlocutory proceedings, must, under such 
system, be done in London, and that thereby a greater expense nu 
be incurred than where it is done under a system like the pr«M 



By Charles Wa^er Hijalk, LL.D. 

tj Cuurt syslexa. This cerlftiuly need aoi be the case, the scale 
la can easily be out dowu to tlie acaie of cosis now allowed in 
lounty Courts, and of this scale the legal profce^oD ilo not com- 
Tbeargumont of conveuience ia, in cert&in cases, in favour^ 
busint^ss being done in London: thus, where tlie liligautsl 
i in different districts, the business must either be done tlirougll I 
Mit, or by one of Ihe parties or his attorney trnvelling to tlitil 
It difiirict. If done by nn agent, then it would bo as easy and I 
Hmsive !□ instruct an ugent in London as elsewhere, nnd to] 
let one agent in town in d1 cases would certainly be more c< 

cither than iravE^IJing to the ditlereut districbi in wfaieh tb«] 
la might happen to be brought, or than instructing a diSeroDtl 
in each distiict. If it should, however, be found more coii>T 
It to transact interlocutory business locallj', then It might ba I 
before the local stipendiary magistrate. 
reason why a jury trial is suggested as tlio best if, that, undeV I 
constitution the judge is imdcr ibe necessity of tiiking dowtt * 
' * ', and iilso nf going over it in summing up to the jnry. 
UDOt give n verdict for the plaintiff or dcluudnut without 
more. This necessity corapela him to ai-rimgc in liia mind 
Is and law of the case wiih soma care and thout;hl, and to 
the case with some deliberation to the jury, tlierehy giving t, ^ 
Etton agiuiiBt huiily and evi'uneous conclusions. Besides, it ' 
(m of hibour, and a well worked judge has quite enough li 
dawn the law to the jury and arrange the facts for them, with- I 
ffing also the anxious duty of coming t« a conclusion on the I 
' the Cftse. It is conceded that this form of trial takes mors 1 
han iho form of trial inost common before a County Court 
.bat, as the Couniy Courts perhaps do a greater amount of ' 

in a sroaller amount of time than any other courts in tlio 
to spend u little mure time in the (rial of causes might be no 
'antagc. This form of trial is tho form practised in the iu- 
Coarts of Record, and ucls well and satisfactorily. It is true 
uiyicien sometimes complain of the burthen of their duties, 
duties are, however, the iucidenU of citigemship, and tlio dis- 
I of them imparts a respect for the law and a couGdence i 
ministration. It is submitted that it is inexpedient to re- 
ft jury irixai the trial of civil issues, 
t coadusioos ariived at are that local courts should not be ' 
:t from the supreme court, uor should they differ from it 
lution, but that ihoy should be a subsidiary part of the suprome 
—that they should have jurisdiction over tho same class of 
, bot only over tliat portion of rights wiiich arc of moderate 
Ity and importance. It is almost impoasiblii for any man, 
'er intelligent and honourable, to try, satisfactorily, imporiam I 
implicated issues as are some of the trials in the County Courts, I 
lering tli« trivial, trying, and troublesome work which tha 1 
has lo perform in adjudicating upou some of the actions befors ] 
The parties mostly appear in person; they vary the trial by J 



Court will scarcely wonder that a judge frenerally become 
tory in manner and hasty in his conclusions. The j 
acquires a habit of taking the case into his own hands fn 
parties before him who aro ignorant of legal proceedings, 
becomes unable to leave the conduct of cases to profess 
when they a])pcar before him. The only remedy for thi 
things is to consign to some humble tribunal, such as 
suggested, tlie adjudication upon trivial causes, and to c 
trial of more important issues with the same calmness ai 
ration as exist in the superior courts. Such a system would 
advantage of the regular attendance of members of the Bai 
now the case at Assizes and Quarter Sessions, an advantage 
scarcely be over-iated ; for it is no exaggeration to say 
the institution of trial by jury, no influences have had a gre 
in maintaining the liberties and rights of Englishmen than 
pendcnce and courage of the English Bar. It is no step i 
in the history of our jurisprudence when either the law o 
or the procedure of our courts — civil or criminal — treats tl 
an impediment, or the Bar as hired partisans. 



DISCUSSION. 

Mr. Edward Wilbeoforce (London) remarked Uiat the main objei 
BTstem of County Courts, which must be considered in diacuMing local 
that the debt-collecting machinery was not kept leparate from \ 
machinery. They were at once phu^ where debta were collected by i 
inexpensive process, and places where large questions of law and faot 
times discussed. In the course of half an hour, the same man w 
whether In. or Ss. was the proper price for some article of grocerr, ai 
up to the jury questions of law ana fact fit for the higheet court u tli 
Surely these two functions should not bo united ; either the first 



cik] mindii wliom it vould be out of the quealion to rmploj' m 
try Mijd Mmctiia«i in London. He diii not iindcntand from Mr. 
er wboUwr there wu to he nny ijitam of pleading : he did not mMQ 
1 Bj«t«ni, but whutherthemalMntortheileuition of thejudge. nr judge 
retobereduerd tp writing, and wljelher, if no, tJlPj wore to bo pfepuped 
rti or brought before lonie tmntrnl jiiriKliotion. If there wuiLnjiocitl 
plrading* might, no doubt, lie dmwn up nnd aerred. nod promtdiire 
tnmined Ihore; If option* wore to bo brought in the lomil court, and 
r action slated in writina, there Kenied no meant tif determining 
t Mine of action mu sufflcienl, tuid deoidiug M tu the pmpHelf of the 

U> caplitiaed th&t he hnd etiggeited the procedure of the Divoroe Cuurt 

lUtroRCRbvliored there iraa a wrelilj nitling in tbnt Court rttnbiohtbefe 
TSbMrd, He doubted nhetber hiisU courts would be proper tribunal* 
thcN malteri. In tie Probnln Court there was an appeal from (Jio 
By tfl the full coiirl, but it the loeol oourit were to hear theie pre- 
MloaaL Bnd if Uiore wie an appoil to the superior courtp, the vice* of 
B would itill rcmnin. At to the proposed district courts, the inlni- 

number of email pinnes for elttingi would be oluioet certain to inrolre 
r«u, if oil Urge rmei were duteriuined at the central place, the work 
iperW arraii^. Tlje ftrel nue iu the dsj'a liet might be orer in firn 

migut hut spreml dnje. This wni the experience of AatiicB, nnd no 
inly Courts bIso, A court litting in t*n flifleront towni could noiror 
nit bttring too mucli ttme in Knne nnd too little in nlbers, Eii own 
itnl town in each diatrlct. where all the important bueineu ibould be 
Tould eiitail ft ereat^ number of diitricta. and the diriaion of counties 
Bs utent be follawed. Mr. Daniel had mentioned Ihe enormoue coat 
k the euperior courts in proportion to the amount, but the amount 
a criterion of the importooco of an action. There wa* often a rerdict 
le grareet ijuegtionB of law. Id man; cases there was n Terdiet for 501, 
n On ianiea were much larger than any sum of money repreaenled. 
waa sometimee suppoaed to carry ooils and meet the justice of the case. 
ght might be eliminated, bti) bow could it be ascertained in other nuea 

jury had gone upon n right principle in asteseing the damaoee? The 
bt be under lOOiT, yet the eridenoe required, and the legal ohatMloa 
, might baTC necessitated aerious eipenae. 

GatCB (Bugate) ohaerred that local criminal courts had not been 
istead of harine one judge presiding oTer a district court, he would 
el of judges, who would distribute their work, reserring important 
the full court, nnd referring payable cases to one or two of their 
le vraa sensible of the difficulty of doling with the ooimly mngistratoa, 
nt nmaiited almost eiclusiiely of aueh gentlemen, and nothing but a 
ure from without would deprive theni of their onuinienlal attributes. 
Uitriet judges would be rerj eooDomical. and rery efficient in dispoaing 
ninal essiti. In nine coses out of ten the decision of Justices wu 
IseiHon of thur clerk, who, in all cases of difficulty, sent for whatever 
ippened to haire, and adriaed the uiagistratea how to decide. Oould 
1 man irrational than for the subordinate to bo the real principal? 
lOn^ Court should bo a collecting agency for private indindiuds waa 
Mulhle. The registrar was not indeM paid oipreasly for keeping these 
M, bot they inToiTed considerable hdraur, which must be paid for some- 
ir, and if not ^id for undisguisedly, was paid for in disguiae, out of 

excheqaer. The injurious effect of confinement to one circle of ideas 
ca. woold be avoided by the system of a panel, the judges changing 
one locality to another. The gist of the difficulty waa tJie dispersion 
SisotiBe eharacler of oar mrpu* Jurii. As long as the lair was r* ~ 
cult of anwie, and embedded in precedents, instead of reposing 
iples, litigants before local tribunals would hope for success by appeal- 
101 courts. Unites satisfied that everything was eihBUStitely disposed 



on ^H 

appeal- ^^^1 

lisposed ^^H 



I'Al'CIII I mil I I IC «ll I- «>1 ■•.-•■I in-| iiiit I «.«4 I H\: l t ;^|.'»| i ki l«f lIlSlfiJRI* <'! Ull>4 

iindispiiNHl cjws. Tlio rrniMnirs in irumv plufo;* ]>«iAi>(>i>9<.-(i tho CHinfidt 
who went l)fffin< Uioin, and lii»i coiirl )ia(i thu advantnge of being 
rpii<iPt.cr?«, wlii<'li wsi;* u ypcMt ])n>iodi'in ii,LpiiTi!<t '* scenes " and incaut 
hiunp. It M'ould Ik* nccey^fary in inai'.y v:i»o» tlint tlic plaint iff she 
liiiniiclf to a pivcn cam^ tli.it tlio dorcndiint. mipht know wluit it wa 
ronnnit himself (oagiron dofcnrr. 8o that tbo parties might not oni 
in ii;noranc«' t>r what. «*ju'li n-liod u{h>u. and, cxcfjit in very few casei 
wi'U wliat tlu'ir diVpiitr wa?* ahniit. llo holifvitl tlie pnM'edtirc of 
]*roli;ilo was bn siiiiplo as to iMiabl^ all i{m'>ti(iiiii of the kind to bo 
Hinmnarv and ('\]>(i1ilii)us nianDrr, and th<* kvtik^ might 1x» done by jut 
(MiurtH. Thr (iMcHlion wliothcr tlio jiidi*e .-hotdd In* loc:illv resident w 
«me. Ilavinir rrnilverl to al»»tain lri»m all interforrnee in reliKiou.H 
ipiostiuns, iif had lu*rn able to maintain a ])ort'irt indeiK'ndcnrc, and w 
resident in the disiriel he could not Mtpi'rinteiul and control the work 
court in his cjrciiit as he n()W did. In caso of any dilliculty on the 
re^ifttmr. or ol" any snddrii r.v luirtr a])pIieation, he could cai«ilv l)o cc 
with, and admitting tli«> iKK^-ihility of a resident jnd^e having his niin 
hy the Mieiety he mixed with, Ihh personal experience was that wlicr 
ntita party man heeould U^ in<1e]iendiMit and iiis independence would 
No p'ntleman witli whom he diniKl would think of f>{MMikin^ to him or 
afTociin^ his jiithcinl functions. Had he not decidinl on residing ir 
he should next year U» enjoying wiiat most men prixtnl next to pmnn 
])ro|'ession, the honorary tre:l^urer.sllip of Lincoln s Inn. He }iad al)s 
any allusion to the eriminid juristhctinn )N>causo it involved nio 
changes, and iK-causi* the Judicature (\>nmii»iion had given the go-b^ 
eriminal juriHlietion, not dis])ost><l of at Quarter iSessionH, would Ix^ dii 
jujIl'cs on ciri'uit. The su^'^-stion tliat there should 1)6 centres an 
division should contain ten ])laees, seeme<l to him impracticable, fo 
woidd never liav»' a hinue. lie himself snt 14r>da\8 in t.he year, an« 
Nit oidy fi)ur days a week he was disj'hartiin-; jiuhlie buHinefs durin 
day^ or eonsulting authorities and writing jud;;ment;$. The simple f 
County Courts was capable of iK'ing nuido an ollicient means of la 
justice in i'wry form, relievin;: the suitor :knd the solicitor from the 
ex]H>nso of sending casi>H u]) to I/indon. Anv country solicitor woul 
IhtM'vils and InNmrs ea^^t upon him through liin inability to keep his 
hiti <»wn control. 

Dr. KvALi-s also re] died : As to resi<lence, he remarked that the 
avoidini; influence im])osed an additional labour on the judge, whu 



Discussion, 235 



a greater jurisdiction Hum that of any other judge in the land. The 
le powers were taken away the better. 

inucAsr (Mr. Haroourt) wished to see the principle of local jurisdiction 
It was monstrous that a town like Leeds should be compelled to send 
m to London in order to try questions of fact. He had cx>en t^ld, in- 
the solicitors rather liked going up to London, but the general publio 
y desire an extension of local jurisdiction. It was a great hardship, 
>n London jurymen that they should have to try country cases. He 
oange in the law which shoula compel people to hiave their cases tried 
diction in which they arose. The aistmcHon between local and trann- 

was an absurd one ; either all cases might be allowed to be transitory 
- He should prefer the latter, were the country divided into proper 
Why should a Leeds plaintiff be able to put a fellow townsman to the 
loe of having the case tried in London ? There must, however, be good 
nade for trymg cases locally. If, as Mr. Daniel proposed, the jurisdic- 
County Ck)urts were extended to aU local cases, they must be materially 
' the public would not be prepared to grant them such powers as at 
istituted. The public must first have greater confidence in their odminis- 
n, according to Dr. Byalls's, and his own observation, was at present 
them. He desired to turn the County Court judge into u judge of the 
jurt. Now, though there were many eminent men who were County 
;es, and would adorn the highest posts in the profession, this was not 

the case, and it was desirable that they should be judges of the 
oter and with the same salary as judges of the superior court. He could 
ction to being resident in the locality, if they had to make a circuit of 
rns, for he had -never heard it supposed that a judge was likely to be 
by the people amongst whom he hved. He had been surprised to find 
m small number of cases tried in the country. Excluding the Home 
ich it was proposed to abolish, only 800 causes were tried in the country 
Now, dividing these among the six judges he proposed, having ten places 
'Our circuits a year, each judge would have three causes to try a week, 
a the supposition of his sitting a week at each place, and sitting four 
tk. The number of causes triecf on the Midland Circuit last year, at both 
A 143. in the Norfolk circuit 68, the Northern :>7, the Oxford 97, the 
2, the Bristol 40, North Wales 35, South Wales 26. Durham 11, and 
306. Thus, assuming the business to remain the same, the number of 
iroposed^would be far in excess of what was absolutely required. Mr. 
« had pointed out the waste of time at some places, and the deficiency 
others. This was owing to having too few places. Business, like air, 
locording to the size of the receptacle. The first day a cause would 
lole day, out the last day the causes were got through in a rough and 
ion, lixe an elephant gomg through a jungle. If, however, a judge 
lain the business beforehana, he would distribute it conveniently. Mr. 
1 objected that the judge would never have a home, but he would 
e districts to the youngest men, on their being first raised to the Bench, 
em eligible after a few years* hard work for removal to London. At 
) same judge decided important questions of law, and haggled over a 
s bill. Now, he should like to distribute the business so that all 
involving important questions of law went to the resident judge of 
ne court, leaving petty matters of account to some inferior judge 
i the district. If an important question arose before the latter, ho 
s an appeal to the superior judge residing in the district, who might 
rtain days for appeals from the inferior judges under his juri^nlictitm. 
f a sreat deal of money might be saved. Ho had been startled to find 
cialEstimates, that the sum voted for County Court judges was 446,000/. 
hej sat on an average only 130 days a year, or half the days the superior 
and the inference was tliat there were too many of them. The judge 
», including Rochdale and Solford, sat, indeed, only 88 days ; circuit 18, 
sifcuit 17, 113; so that practically they sat only a quarter of the year. 
of circuit 47, including Greenwich, Lambeth, and Woolwich, sat only 
[^ appeared as if the number of judges, therefore, might with advantage 



of the iiioflt Tuluublti ft>aturos of County Conrts, this could be aroi< 
churactor of County Court suits was strikingly shown in the ofllrial ret 
him. Out of the suits wliich came t-o trial, vb per cent, resulted in a y 
the plaintiff. tliert< being only 1 *8 ]K'r crnt. for tlie defendant, and tbe 
being nonsuitJi and fuiliirot^ from other causes. This showed that pi 
was a court for undcfendiHl actions, fur lie did not suppose the w 
stn>ngcr fooling for the plaintiff than tlic judge of other tribunals. j9 
cont^inplatM the local courts being courts of procedure and law. Tha 
a groat change, for tlio theory of our biw was that all suits arose at W 
and that A/'<t Prius hittingrt irrrc for Irialtt of fact. Ho had onlv propo 
the district judges Niu Prtu,'i jurisdiction, and ho did not think iseues ol 
be HH well triccl in tlio country as in London. Pnicodure and issues ol 
bo reserved for tlio nujwrior courtf* in Tiondon, localising the trial of 
thus avoiding tlio ex|)eniM^ of witncMcs travelling up to town. Ifr. \ 
tliouglit it would be more conyenient to hare a central place than a 
places. From his own exi)erionce on circuit he should not hare thou( 
all Bradford, Halifax, and Doncaster cjI!«os wore' tried at Leeds, people 
put U} exixiuso and trouble in waiting for their ca^<os to come on, as tue; 
he certain of the time, whereas this would not be the case if the eases 
in those towns. Such matters of detail, howerer, must be determii 
general experience of the profession. The only question was wheth 
jurisdiction sliould be given to the County Courts as at present coni 
whether they should not be reconstituted, a superior judge being put i 
of them to preside over the districts with a suincient staff of inferioi 
try the less important cases, an appeal lying from them to him. Ha i 
transact the more im^Mrtant oivil and the higher criminal juriadiol 
district. 

Mr. Daniel reminded the Chairman that though 446,00(V. was tq 
County Courts, exclusive of buildings, there was a set-off of 3G7,00(V. p 
foes. 

The Chairman was aware of this, but the same remark applied to i 
of our courtB. Tlius the Court of Cliancory cost 17t3,0(XV. bui a great 
it was repaid in fees. In considering whether the expenditure was Ux. 
gross sum must be hooked at, and it seemed to him that 440,000{. was 
was necessary for the County Court*. 

Mr. T. '^ EBHTKR, Q.C., i)ointed out tliat if local trials were made eo 
difRcult^ niiglit arise in case of breach of contract, the defendant oft 
in foreign parts or at a distance. This would require oonsideratic 

nnininn t.Vin ntiiAA nf i*A(iir1«n/tA fif tliA nt.titrnpv wniilrl Ka fVia mnaf. /w\vi 



INTERNATIONAL AEBITRATION. 

n iJie Ifaihiru/toii Treati/, and iu Influence on Inti'rnnt'wnal 
Arbtiratum. Bt/ Professor Leone Levi, F-S-A., F.S.S., 
Barrister-at-Law. 

•OR sereral years past, differences have arisen between the 
United Kingdom anil the United States, which threatened to 
ing the two wimtriea into open hostilities. A correspondenue, 
taetiinee angry, seldom conciliatciry — speeches in tho Senate or in 
lent, often very vehement, and seldom uttered with proper 
to responsibility for conBoquences, have, at times, emhittered 
nlstions hetweea the two countries and greatly exaggerated 
I importance of the subjects in dispute ; and it was oaly after 
■M of fruitless effort that a way has been found for tho solution 
the diifiuulty. The principal subjects of difl'erence were : — 
(I.) TOe fisheries, or whether certain expressions of the Treaty of 
Mi were intended to exclude American vessels from coming 
dkoro to traffic, tranship tish, purchaae stores, &c. ; and whether 
}t three marine miles of any coast should mean s, limit from tliii 
)ut-line, or from a lino drawn from heatUand to headland. 
,) The free navigation of the River St. Lawrence, and privilege 
pasBage through the Canadian canals, the Amerit^ans intending 
■t A« privilege accorded by the Beciproci^ Treaties shotdd 
tend to canals uonstruoted by Canadian enterprise through British 
tnlcilTi including the transit of goods through Maine, and lumber 
ide iiwn the River 8t. John. (3.) The Manitoba Boundary, 
ring the completion of the survey of the boundary along the 
parallel. (4.) The Alabama, Shenandoah, &c., claims, being 
taixa against Britain for damage sustained by the depredation of 
iCH T«£sds. (5.) The 8an Juan Water Boundary. (6.) Claims 
f British subjects arising out of the civil war in America. 
'.) Claims of the people of Canada on iccount of the Fenian raids. 
It will be seen that some of these subjects of dispute ware of 
KB standing, and that one and all of them have given rise to much 
luratling, and diplomatic negotiation and correspondence. Hap- 
ly, however, such negotiations never ceased, and a strong desire 
nmKoifcisted on the part of the people of both countries that, at 
tfitever cost, war should be avoided. The British and American 
liremments, being interpreters of such desire, continued unremit- 
igly in their efforts at conciliation, and finally succeeded in arrang- 
g liat commissioners should be appointed by the British Govem- 
BDt to proceed to Washington for tho purpose of discussing in a 
endly spirit, with commissioners to be appointed by the Government 
the Unitod States, the various questions on which differences have 
iaen between Great Briton and that country, and of treating for 
to tho mode of their amicable settlement. 



rdingly, in February, IbTl, tho High Commissioners of both 
untnes met in conference, and in a short time arrived at on 



238 International Artniration. 

ngrooment, which becamo tho basis of tho Washington Trealj, 
signed on tlio 8th of May, 1871, and ratified on the 17th of June. 
By this Treaty tho Alabama Claims were referred to a tribunal of 
arbitration, to bo composed of five arbitrators, to bo appointed hj 
tlio (^ucon of Enghmd, tho Prosidcnt of tho United States, (lie 
King of Italy, tho l^rusident of tho (Swiss Confederation, and the 
Emporor of Brazil, to meet at Geneva. And for their guide certaiii 
rules of maritime law were agreed upon respoctine the duties o( 
neutrals, with reference to the fitting or arming of ^pe in neutnit 
]X)rts, tho using of such ports as the basis of naval operationB lij 
ono belligerent against the other, and the exercise of clae diligam 
so as to prevent tho violation by any person of neutral obligauou 
and duties. 

Any other claims of American subjects upon the Govenunent of 
Her Majesty" for acts committed against them, and the daims of 
British subjects against tho Government of the United States ftr 
acts committed against them, between April, 1861, and April, 1865, 
were referred to three commissioners, one to be nominated by Hor 
Majesty, one by tho l^esident of tho United States, and a Huid 
by boUi coiijointly; or if such be not so named within tluM 
months, then the some to be named by tlie representative at 
AVushington of the King of JSpain, the commissioners to meet at 
Wtisliington. The fishery claim was conceded to a certain extent, 
and settled, but it was agreed that if any further diapntei 
shoidd arise on the subject tho some shall be referred to a ooai> 
missioner in the some manner as above, except that the tUU 
commissioner may be appointed by tlie representative in London d 
tlie Emj>eror of Austria. Tlie navigation of the Siver St. Lawrenoc^ 
Yukon, Purcopiuo, and Stikine, and of certain canals in Canada 
and the United States, was declared free, and provisions were madl 
for the transit of goods through botli countries. Britain engaged 
that no export duty should be imposed by Canada on lumber or 
timber. The dispute regarding the boundary lino on the 49ft 
parallel of north latitude was left to tlie arbitration of the Emperor 
of Germany. 

From tliis analysis of tho Treaty of Washington, it will be aeei 
(1st) tliat after useless expenditure of time, and after earnest effinii 
on both sides to settle tho dispute by direct negotiations, fha 
dilTerent disputes had to be left to the arbitration of as many y 
iive |)owers, namely, Itidy, Switzerland, Brazil, Spain, and Austria. 
(2nd.) That the satisfaction with which the Washington Trea^ 
has been received on both sides is the best evidence of the dino* 
sition of the people to submit to, or abide by, whatever awaia a 
properly constituted Board of Arbitration may make. (Srd.) Thai 
the success of tliese negotiations should afford encouragement to 
Her Majesty's Government to act on the same principle in any 
further disputes with otlicr powers, and, if possible, to anticipaifl 
the exigencies by the conclusion of special treaties with foreign 
powers lor tho establishment of a ponnoncnt board of international 
arbitration. 



Report of Special Committee. 239 



H of tJie Special Committee appointed to inquire *^ Whether 
me General Scheme of International Arbitration or Concilia^ 
m cannot be usefully recommended for adoption f^^ * 

)ur Committee having met to consider what course should be 
1 in furtherance of the reference made to them by thq Council, 
ung a question of so much delicacy and importance, resolved, 
« entering into a deliberate discussion, to elicit, as far as pos- 
, the sentiments generally entertained on the subject by the 

of a niunber of queries to persons of eminence and authority 
ighoat the country. And your Committee gratefully acknow- 
I the receipt of many valuable papers and documents, in answer 
ch queries, which greatly assisted them in their deliberations, 
r desire also of your Committee, a paper was read at a special 
ing of the International Law Section by Professor Leone Levi, 
which Mr. Vernon Harcourt, Q.C., M.P., presided, and which 
ed a lengthened discussion. The paper and discussion on the 
let were published in the *' Sessional Proceedings." And after 
al consideration your Committee have the honour to submit 
'ollowing report :— 

) Scarcely any question can be suggested of greater importance 
te welfare of the world, than whether some general scheme of 
national arbitration or conciliation cannot be usefully recom- 
[ed for adoption. That war is a most barbarous mode of set- 
intemational questions, that the passions it engenders, and the 
action of life and property it produces, are evils of enormous 
litade, is universally admitted. What is wanted is some 
dtate for war ; some other effectual means of settling the quar- 
misunderstandings, and claims, which from time to time arise 
een different States. Hitherto, the only methods employed for 
peaceful settlement of international disputes have been of an 
donal and tentative character. Claims for compensation, 
fciona of boundary, disputes as to the interpretation of treaties, 
other similar questions, have occasionally been referred to the 
ntlon of some third party, or to the settlement by commis- 
srs. Much more frequently wars have been prevented or 
inated through the mediation or good offices of some friendly 
*r or powers; whereas the Luxemburg difficulty between 
ice and Prussia, and, still more recently, the Black Sea ques- 

have been settled by conferences of the great powers. But 
I of these methods can be adopted, except with the consent of 
lie parties to the dispute, and not unfrequently the negotiations 
his purpose occupy a considerable time, during which the feel- 

of the negotiators and of their respective nations become 



foe IhmMdumSt 1870, p. 1G9, Beported to iho Council and ordered to be 
Ated. 



240 trUemational Ai^bUrattotu 

excited, and things are written or said which cause extreme irri- 
tation and bitterness, and render a peaceful settlement alnoiji 
impossible. For these among other reasons, your Committee hM 
come to the conclusion that it would be high! j desirable that aa 
organization of a permanent character should be created bj a genehl 
international agreement, empowered to take cognisance of dupatai, 
without waiting until the parties had in each particular case mutnUf 
agreed to have the matter so settled. 

(2.) Such an organization, in the opinion of jour Committee, shodf 
assume the character of a Congress of Nations, and should compriiK^ 
as far as possible, all civilized States. But whereas, in its moff 
acceptation, a congress is understood to mean a meeting of mini8l0l[ 
or sovereigns of different States, called into existence for one or narir 
specific purposes, such as to conclude a treaty, to determine theeoB* 
sequences of a treaty already concluded, or to settle undedded poiati 
of international law, and terminating when the specific object Ini 
been accomplished— the Congress of Nations which your Committar 
propose is, on the contrary, one that should have a permanent cd^ 
ganization. It has, indeed, been suggested that the different SmU 
of Europe should form a federation, and constitute themselves intif 
an International State on the model of the United States of Amerid 
with an international government and an international army; bol* 
your Committee are of opinion that the circumstances are notniidii^ 
gous, and that any such oi^nization would be impracticable. Alf 
that your Committee contemplate is a simple organization, alnidf' 
at hand, and available at all times, for the peaceful settlement i 
international difiputois. And to prevent this organization bsiw 
rendered less effective by the refusal or delay of the respe^^iw 
parties to refer their differences to the Congress, your Committf 
recommend that such Congress may be summoned by any two calS 
stituent States, in order to deliver its verdict upon any dispotv 
tending to disturb the peace of the world before that excitement rf 
national feeling dhall have arisen which renders the peaceful seStb^ 
ment of such disputes almost Impossible. '* 

{?»,) There was a general agreement among your Committee, tlMt 
it would be scarcely practicable to include in the proposed sjitHi 
barbarous or semi-barbarous States, but their opinions were divide^ 
as to whether it should be limited to Europe, or should also indnlif 
the States of North and South America. Tour Committee htni 
however, come to the conclusion that it would be better, in the flnC 
instance at least, to limit the intended organization to Europe, btf 
that as soon as the same shall have been established, an invitltloif 
may be sent to the United States to join it, and so successivdj k[ 
other States. 

(4.) In order that the proposed Congress may be a complete sab*' 
stitute for war, it seems essential that its sphere should emhrMe ill 
questions which may possibly lead to war. Nevertheless, it h 
extremely important to preserve the internal independence cl ea^ 
State, and preclude the Congress from interfering between a gofsn^ 



lUport e/ Special Committee. 



241 



iA its subjects, or between a mother country and her colonies. 
czclusion of iatemol affiurs from the splisre of the CoDgrcsti, 

UKlifiod hj any exception, would leave a prolific cause of wars 

led. One of the most sanguinary of recent struggles, the lael 

in war, was an internal conleat between the different members 

I towards foreign gOTcrnmcnts conslituled a single State. 

r great war, which eveniuuliy involved many European 
originated in the revolt of England's North American 

, It seama to j'our Committee at least to deserve conaiiler- 

'iietber power should not l>e reserved to the Congress to offer 
offices, whenever a civil or a colonial war is on the point of 

g out, to the great injury, not only of the parties concerned) 

lirety other Suic. 

Seaidea strictly internal questions, there ore a variety of 
which, according to existing international usage, each State 

sd to regulate for ilself, although they oflen materially affect 

lare of any other Stales, or of its subjects. Fur instance, 
« ia at liberty to regulate the intercourse of its own subjects 
signers, and either to prohibit or levy taxes on exportuiion- 

lortatiou. Your Committee do not contemplate that the pro- 

'ongress should be empowered to interfere with such matters 

L lla sphere should be limited to questions which, according 

log international usage, are capable of constituting legitimate 

}i war. 

Uany questions, however, would come before the proposed 
I which could not be conveniently dealt witli by all the 
\ in their collective capacity, aa, for 'example, claims for 
•tion, and questions of disputed territory. Tour Committee 
iggest that in order to meet such cases, and in order that the 
! may act in a semi-judicial capacity, a Court of Reference 
d of a limited number of persons, some of them international 

sfaotild he established by the Congress. Such « court should 
e character of a court of tlie law of nations, and its pru- 
i akonld be as far hs possible similar to those in a Prize 
It would be desirable, however, that the reference to the 
nold be made by the Congress iieelf, and that its decisions 

be reported to the Congi'ess, and by tbe same commitnicBted 

iitercJted parlies. 

Four Committee do uot consider it advisable to place any 
limitation upon tbe nature of the award. Tbe payment of 
17 compensation, the making of apologies, the extradition or 
afi^ders, the cession of territory, the demolition of fortresses, 
Bific performance of treaty obligations, and, indeed, every* 
bich, according to the present usages of international law, 
imposed upon a defeated nation by the victors, should alike 

in the competence of the Congress to adjudge. 

lu coDsideiiug the nature and functions of the Congress, tbe 
iportanC question your Coinmitteu bavo had to determiuo is, 
I ito dMiaious should have merely a moral authority, or 
16 



242 Tfiternatiofial Arbitration. 

should) if necessary, be enforced. Upon this question there 18 
difference of opinion, both inside and outside your Committ 
has been nrged in favour of force, that any mere expresf 
opinion, not backed by force, however weighty the coogi 
tribunal from which it might emanate, would be powerless to i 
sovereigns and peoples inflamed with angry and ambitioas pii 
that if the proposed congress or tribunal were merely an or, 
public opinion, it would probably find great difficulty in hold 
own against unofUcial competitors ; that tlie best guarant 
peaceful submission to its decisions would be the knowledj 
they would, if necessary, be enforced by a power so great 
render successful resistance hopeless; that confidence in th 
tcction of some congress or tribunal, which should be not on 
but powerful, is the only thing which can ever induce nati 
reduce tlieir overgrown military and naval armaments ; and ti 
individual interests, which at present often hinder the an 
action of different States for the maintenance of peace, or tl 
vention of injustice, would cease to do so if they could no loB 
' furthered by independent action, either alone or in alliano 
other particular States, and could only be attained by p 
means, by appealing to, and obtaining, a favourable decisioi 
the congress or tribunal. On the other hand, in favour of 
action pure and simple, it has been argued that a reference t 
tration or mediation must bo by its nature an appeal from A 
reason; that its very object is tho avoidance of war; thi 
attempt to establish an international government, with o 
powers, would excite a great deal of jealousy and distrust ; th 
agreement for combined action in enforcing decisions woi 
certain to be defeated by the particular circumstances of the di 
States at the time when the occasion for such enforcement 
arise; that, in certain cases, the united forces of all the States 
sentcd by tho Congress might be weaker than the forces 
recalcitrant parties; that whether weaker or stronger, the e 
cations, difficulties, and evils of war, would be tenfold aggrara 
bringing so many nations into tho contest ; and that there wo 
quite as little guarantee that justice and might should go tq 
were the Congress to act collectively, as if each nation were \ 
defend its own rights. Your Committee regret the want ol 
nimity on this important point, but even among those of its nM 
who consider that the decisions of the Congress ought to be enl 
there are some who trust that the very existence of the pn 
Congress, with only a moral authority, would strongly tfl 
prevent war, that its decisions would have great moral weigl 
that by its organization many difficulties and occasions c^ 
would bo removed, or settled in an amicable and satis! 
manner. 

(9.) The Congress which your Committee propose should < 
of deputies appointed by all the States entering into the agn 
In view, however, of the extreme disparity of the different Sti 



StpOft t^ Speeinl ComrniHee 



S49 



v. population, wealth, and commerce, it might be ilesirable to 
ill certain relations bsm-een these elemoiits, and the number 
ifaera to bo deputed by eaob Suito. It \*, moreover, wortlty 
iileratioD whether the concurrence of a majority of eny two- 
>f the Congress should not he required before any nward ia 
ly pronouiicod, nt lea^t where Buch award i» not based upon 
1 decision by the Court of Beference, 

Tour Committee desire to draw particular oltention to the 
[preeseil in the Paris Protocol of 1H5<>, "thnt States between 
way Berions misuaderstaQdiag might arise should, before ap- 
to arms, bnve recourse, as far as ctrcumstances might allow, 
IDod offices of a friendly power." They nrc of opinion thnt, 
tlie realisation of the larger measures proposed by them, it 
1 a practical and useful recommeudation for the Association 
J fhst the wish expressed in that protocol should be turned 
lefioiie treaty obligation, substituting discussion by a Congress 
good offices of a frieodly power, and excluding the nulUfying 
DO) "ta far B3 circumstances might allow." Let it be t^eei), 
ItaMs between which any serious misunderstanding may arise 
appealing to arms, submit their difTerences to discussion 
of the contmoting powers." Tliis would not bind 
abide by the decisioQ of the Congress, but tho result would 
! the State which felt itself nggriovcd would be ablo to 
ft Congress to meet forthwith in the capital of some third 
SI discussion would ensue, in the presence of diplomatisld 
ifwmod of the fact^i, and keeu to detect eopliistry in the 
Ig on theuj ; the public opinion of tiio world would be en- 
d aud aroused. A State whose aruiies cross its frontiers 
having submitted the difference to a Congress, will commit a 
at treHty towards all the other powers, and thereby give Ihem 
diate tight of hostile interference, the exercise of which, 
would depend on tlieir discretion, although its rery oxist- 
ild constitute so foimidable a danger as greatly to increasB 
iTObability that war would be so commenced. Imperfect as 
pfltatioD would be, your Committee are of opinion that it 
lOt only prepare the way for the larger measures they liava 
IJ, but iu itself tend to secure the maintcnauce of peace. 
Toor Committee, moreover, npprove of all partial applications 
rmtioti, whether it be by the reference of particular disputes 
Tatton, or by the insertion in treaties betweeu particular 
tf clanses providing Ihiit any dispute which may arise upon 
e bo relerrcd either to speciul arbitrators or to Uie Congress 
wed. 

The main conclusion which your Committee have arrived at 
Itablishmenl by a general treaty of u permanent orgnnizatioa 
settlement of international disputes, having the ohuracler of 
of Nations, with n Court of reference for the more care- 
dication of claims and questions of detail. And they believe 
b » Coi^vca would not only be of great heJp to the raain- 
16—2 



244 IntemaHonal AtHiratian, 

tenanee of peace among nations, bat alao fiMilitata the aetdemeni 
difficult questions of international law, and by its prooednre s 
decisions eventuallj lead to the formation of a definite Code. 

Mr. G. Christiui Mast read a paper, entitled a *^ Scheme for \ 
International Peace Organization, to be promoted bj a Festifsl 
Nations, after the model of the Olympic Games**** Having briiBl 
noticed the deplorable results of the recent war. and the iatu 
national jealousies and suspicions to which it gave rise, he slit 
that his object was to help to pat down deadly strife, and to reMQ 
again the mutual confidence of nationa To efiect these most d 
sirable ends, he proposed a union of all those who acknowledge! n 
would make the conviction prevail, that war is a barbaroas mean 
redress ; that arbitration ought to be the resource in intemattni 
difierences ; and that, consequently, standing armiea ooght to ■ 
gradually redaced and finally abolished. This union, howenr^ 
not to be merely one of sentiment By united and energetic actk 
a considerable number of persons favourable to the cause shoald i 
returned to the several legislative assemblies, out of whom saki 
qaently an International Congress should be elected. The naUn 
outgrowth of this superior Parliament would be a High Court 
Arbitration, the position and functions of which with r^ard to tl 
organized States would be similar to those of the Law Coarts in ll 
respective countries. He proposed as an ingredient of the schems 
Festival of Nations, and selected as a model the Olympic GaoNSi 
ancient Greece. To the influence of these games, he said, uait I 
referred much of the culture, both corporeal and intellectuid, of Ik 
most cultivated nation of olden times. They prompted the sdaa 
tion at once of the two principles which consdtute man, devekpilf 
and strengthening tho powers of his body, as well as elevaUng III 
sentiments and refining his tastes ; and he anticipated that their n 
establishment would now be productive of similar results. Aeeod 
ingly he proposed that the festival should consist of— (1.) Gymotil 
exercises and athletic sports ; (2.) Musical performances ; (8.) H 
universal tribune ; and (4.) International exhibitions of objects i 
art, science, and industry ; held at regular periods, onder fl 
management of the Peace Organization, whose agents would peni|l 
society in every civilised land. This festival would doubtless prsH 
one of the grandest spectacles the world has ever seen; ii 
it would doubtless also contribute incalculably to the benefit 
mankind. 



* This Paper has been printed in full I7 the Author. 



Rf/orms in Procedure. 



a i\iggesled in the I'rocedure of our Courts of £qiiU^ and 
" By H. D. Jencken, Barrister-at-Law. 

I KNOW of no Buliject which possoeaes greater interest to the 

PhiEtonan thaa that of the development and prngrees of tlie 

^unistration of justice ui the tribunals of n civilized countrj'. 

EEngland tfaia is eHpedally the case, as our laws from the days of 

ilBdVafds and Henrys have been the true representatives of the 

dlMtnal development of our nation. At a period when our 

ingwas principally directed to classical studies, and when, 

anr, ecelesiastica were the only learned men in the land, 

|l forms of pleading, tho practice, the procedure in our courts, 

i very nomenclature used in legal writings and in Acts of 

'■■«neint were borrowed almost entirely from the Canon Law. 

l] as these modes of procedure may have been, the day arrived 

n the advanoeinent of civilization, the increase of wealth and 

, rendered these legal forms unauited to the purposes 

Kwhieh they were originally employed. The original writ, the 

: forms of pleadings, soon fell into disii^'O, and the 

B A'on potest qui* tine breviagere yielded to systematized forms, 

(irliiah the Statute of Westminster the Second gave legislative 

Passing on to tho time of Henry VIII. we find that the 

Uraforred to were collected in a Eegister of writs; and from 

tt period to our own time we are enabled to trace in the language 

tha write, and the various forma of octiana at Common Law, the 

7 aetnenclature used centuries ago in actions of debt. Covenant, 

jmnpait. Trover, Detinue, Trespass, and Trespass on the case. 

It Common Law Procedure Acts have somewhat modiiied these 

liqua and rigid forms ; but the evil yet exists of undue technicali- 

inour pleadings, and a wordiness ia the use of our legal language 

n that not only embarrasses, but obscures our judicial learning. 

1 fought action, as the profession designates those hazardous 

interB with forms of procedure, presents a sad illuslration of 

■ utter want of simplicity, abuse of logic, aud want of judicial 

IpvUdge on the part of those who framed the forms of pleadings, 

1d foKtered the practice. First we have the writ, then the ap- 

ranoe ; following this the dficlaration. possibly containing some 

^ re of counts ; to each of these "pleaa," raising issues which 

bipel the plaintiff to amend his declaration, then pleas to these 

ded counts : and then demurrers to one or more of these. 

«the demurrer can be heard, the facts have to be determined. 

bd finally, after perhaps a loss of time involving months, or even 

aes on for argument, briefs are delivered, when, 

• the disappointment and disgust of the suitor, the cause cannot 

^ reached, or if reached, so little time can be spared, that nolens 

>, the matter is, what is professionally termed, referred. Dur- 

gthfl whole of thJs period of this intricate navigation the utmost 

• 8m TrannKtimu, 1865, p. 143, 




24G Reforms in ProesduM* 

vigilanco is noodod, lost by any slip or mishap the canBe should be 
Bh'anded upon ono of the many ree& in the practice of the Conrt 

In our Cnancory Courts, although another system has been punosd, 
tho complicated nature of the procedure defies all parallel in legil 
history. The fomis of the Canon Law, or as the German ni 
French jurists designate it, the '* Boman Canon Law," has boa 
preserved. I need not dwell upon the historical development of «■ 
Courts of Chancery, this is familiar to you all. It will sofioe if] 
submit for your consideration the outlines of a Bill and Antwm 
in Chancery, and tho mode of taking eyidence ; and I doubt mH 
but that you will agree with me when I state that the Canon Ln 
form of petition — tho ** Imploratio officii judieis" has been eiasl^ 
imitated by our Eciuity draftsmen. 

First wo liave the address, ** Humbly complaining, shows," &Q.; 
tlieu tho prolix quaint mode of stating the case, and finally Ai 
prayer. Tho fonnal language employed was familiar to contineniil 
jurists centuries ago, but fortunately the increase of juridieil 
learning, and the practical necessity of adapting the language sad 

Srocodure to tlio uses (»f a more advanced state of civiliiutioni le^ 
erod the continuance (;f these obsolete forms undesirable. 
In England, on tho other hand, strange enough to say, thoodi 
the Koman law, so rich in its x)rinciples, has been most injudidoiw 
all but ignored, and is even at the present day looked upon vnk 
suspicion, tho quaint forms of pleading introduced by tb 
vanonists liavo been, nevertlieless, strictly adhered to in our Covtl 
of Equity, I'robato, and Admiralty. Even the Canon Law " spmuk 
prajudicalis,*^ was only abolished by the 8 & 9 Yiot., o. lOli 
The Canon Law mode of taking evidence by administering writfta 
interrogatories to be answered by written depositions, the ntf 
form of replication, duplication ; the mode of closing the pleadingi; 
the rules as to the production of dociunents, the examination rf 
witnesses before an examiner, the proceedings in court, the docni^ 
all these are strictly copied from the forms of the Canon Law. lfo> 
thing can exceed tho volimiinous bulk of a record in ChaneeiT, 




'* it were not too plain that it is oppressive." Indeed, to anjo 
who has given due attention to this subject it is matter of suniiM^ 
that it should be possible to continue a system, which has.inmdal 
and still infiicts so nuuih loss and suffering, such cruel saorifioe d 
property and time, and such injustice upon suitors ; a system, I do 
not hesitate to say, which has practically closed the doors of ttl 
forum of justice upon all, save the wealthy and the iK>warfal. 

I have, however, said enough, I hope, to convince you that fts 
forms of our Chancery proceedings are, even at this day, despla 
of the many improvements the 21 & 22 Vict, o 27, and 25 & SG 
Vict. c. 42, have effected, wholly unsuited to the requirements a 
the times. 

Turning to our Courts of Admiralty you will find that until tk< 



By H. D. Jencketi. 247 

jiiAiidments effected by the 3 & 4 Vict. c. 65 & GG, 7 & 8 Yict. 
. 82, 9 & 10 Vict. c. 99, and latterly by the 17 & 18 Vict. o. 104, 
hs quaintest possible procedure, and, tliough recently somewbat 
ttpoYed, the nomenclature and the x)ractice of the Court remains 
pits characteristic, and contrasts most unfavourably with that 
msaed before the tribunals of other Courts in other countries. 
Bqially obsolete are the proceedings in our Courts of Probate. 
[n the Court of Divorce and Mati'imonial Causes — established by 
jbs 20 & 21 Vict. c. 85, a more simple form of petition haH been 
idopted, and it is with a feeling of relief that I find myself con- 
BmUing a plain narrative of tho cause of action and an intelligible 
pnjer, op request for tho relief needed. I have thus far dealt 
inth our principal Courts of Record, and have now only to allude 
to the complicated rules and the intricate practice of our Courts of 
Biakruptcy. 

The mere fact, that an estate is thrown into this Court, involves 
tlie extraordinary consequence, that all questions between the 
bniknipt estate and tliird parties have to be tried hy a procedure 
absolutely different from that in use in the Courts of Equity and 
Liw. 

The loss of time involved, the enormous (costliness of the present 
gyitem, naturally forces upon us tho question, whether there is no 
xonedyfor this crying evil? The answer to this question must be 
in the ai&rmative. Tho evil is remedial, and the only question is, 
kov to apply the remedy. 

In the tirst place, tho pleadings in all the Courts of Law and 
Equity ought to be upon one model, and no better form could be 
found than the simple form of petition now in use in our Courts of 
OivDrce and Matrimonial Causes, or that adopted l>y our Courts in 
India. All technical languago ought to be avoided, tho prayer 
oight to embody the nature of the relief required. Tho Court 
dimild have imlimited jiowcr to amend the pleadings at any stage 
of the cause. I woidd suggest that all proceedings should com- 
aeooe with a writ, that entrance of appearance should be abolished, 
the defendant having eight days allowed after delivery of par- 
tjcolars, or declaration to plead. All causes under 25/. and 
i^ddi do not involve questions of title to land, or are repre- 
mtatiTe cases, to go to trial upon particulars of demand being 
faniahed, and witliout pleadings, unless by leave of a judge, or by 
a Court ^of Practice. 

A Court o/Fractice should bo attached to every Court of Eecord 
in the land. The present system of settling j)leadings, interroga- 
teriei, and other matters in chambers is as burdensome to the 
orenrorked judges, as it is unsatisfactory to the suitor. 

An important question for discussion is that which relates to the 
mode of taking evidence. All testimony of witnesses, wherever it 
ii possible, ought to be oral. Nothing can exceed the uselessness, 
the delay, and the expense of written answers to written interrog- 
atories. Any one acqucdnted with the proceedings of our Equity 
Courts will confirm what I say on this subject. 



248 Reforms in Procedure. 

Under the present vicious system — after the depositions lin 
been filed, first come the cross-examinationB| then tne oorreetioni 
and when the vast store of depositions, oross-ezaminationfl^ s4 
dayits, have been exhausted, the whole mass of writing is pniiiilj 
and at what an enormous cost! At the hearing, the t^nieami 
slurred over, distorted, disjointed ; and the judge is required ahaoi 
by intuition to draw correct inferences fiom the inooherent oj 
imdigestod mass of crude material before him. .-. 

With all its many defects, oral examination has the great adm 
tago of throwing a flood of light upon the conduct and the intentifl| 
of the x^artios, whatever the transaction may happen to have be«i: 

I would preserve, however, the system of interrogatoriesi if 
leave of a judge, as tending to diminish the expense of the prodwii 
tion of evidence ; and in chambers the production and inspeotion d 
documents ought to be allowed as a matter of course. 

At this 2>oint of my inquiry, I find myself all but involujitaiili 
confronting the now mucn mooted question of the fusion of % 
Courts of Equity and Law. For such fusion the County Ooalk 
are rapidly preparing the way. 

I will now speak of the mode of trial and the question of Goniti 
of Appeal. 

I suggest that the courts at Westminster and at LincoIn'tJnt 
be abolished. My first object would be to decentralize the wIidIi 
of our judicial system, and to create District Courts throughout tht 
kingdom. These Courts to be composed of three puisne and a r8»; 
dent chief JTidge ; and to possess unlimited jurisdiction over ill 
causes arising within the liniits of their district whether the oton 
be of fact, or of law, or involving questions of equity, probate, ot 
matrimonial or admiralty causes. In a word, ail actions or soiii 
should be initiated in the Courts of the First Instance, orDistzkik 
Courts. Attached to these courts I suggest that a Court of DrMim 
should be established to take the place of the duties ofjudges ii 
chambers, save in questions of arrest. I would also g^ve to thMe 
District Courts all the powers of a Bankruptcy Court, and jiuifti 
diction in liquidations of companies registered as donuJoiled withi]| 
their respective districts. 

^ All pleadings to be as simple and non-technical aa possible ; ifaf 
simple fonn of pleading now in use in our supreme oourts in Indii\ 
or those adopted by our Divorce Courts, would, indeed, oonstitaJ| 
excellent models for our guidance. 

In questions of fact, the suitor to possess the right of denumdiiw 
a special jury. All common juries m civil actions to be abolisha^ 
No one acquainted with the working of our common jnni^ 
will denf that a change is imperative in this respect In w 
County Courts, whore a judge decides both the fact and the Iffi 
juries are only very exceptionally required. 

Within each district. Petty Debts Courts to bo estaUiahed wi4 
jurisdiction up to 5^ In these Courts the rule of pre-andiMioi 
for the Bar to be dispensed with ; whilst in the District Courti 4ifal 
privilege of the Bar to be continued. Appeal lying from the Pft* 



By H. D. Jenchea. 



249 



B Courta to the District Courts. From these District Cotirta 
1 to lie to Courts of Appeal of the First Instance, to be com- 

% of tttft judges and chief j<idge, three to form a quonim. I 

■^ ftuggeat fire Appeal Cotirts of the Firfit Instance, namely — 

h «nd South Walefi, the northern counties, midland counties, 

liondon, to include the southern counties. 

* Courts of Appeal to have the right of either revereing 

judgment of the Courts below, or of pronouncing judgment 
afliemerita, withl>ower to amend the reuord and require the 
ction, should the justice of the oase^domand this, of additional 
ice. 

W Courts of Appeal to bo the aupervisors in all matters of trusts, 

* criminal jurisdiction irithin the district should appertain to 
Jourt of Appeal, as a Central Criminal Court, with appeal to 
Sonrt in Bane, in all Crown Cases reserved — I specially Iiiy 
I upon this point, as it is of the utmost importance to our 
" » that the judges who preside at our criminal trials should 
jes of our superior Courts. Each district to he divided into 
IS for criminal cases. 

il appeal from these Courta of Appeal to lie to a Supreme Court 
wal in Londou, to be composed of nine judges, a President, and 
president. Pour to form a quorum, the Lord Chancellor to 
woffieio President of this Court, and the Law Lords of the 
r Honse to be members of the Court ex qficio, but not salaried 

t to the House of Lords to be abolished. Indeed the 
p hare already practically discontinued the use of this costly 
"ipremo tribunal of appeal. On the Common Law eido, that 
D the Exchequer Chamber, on the average, only nii cases are 
"f entered; from the Courts of Chancery about twenty; 

B Dirorco Courts, about four. 

186^ and 1865, appeals from Irish and Scotch Courts 

i to less than thirty annually. Of these causes only about 

» prosecuted to final judgment. We have thus the 

fact that of all the many cases that are fought out 

J in the Courts below in England and Wales, only tliree on 

lamon Law side and a half score on tlie Chancery side drift 

e House of Lords. To call the Lords in the face of such 

K tribunal of final appeal ia simply a misnomer. 

I brief aJtetch liie the one I have ventured to present to you, 

} Aware I have not touched upon many important points ; I 

Hy present the boundary lines of the changes required in our 

U qystem. In multiplying our Courts, the direct expenditure 

le tncreaaed, but I think not to the extent that may be feared, if 

lorb our County Courts. The able men who fill the Judicial 

w of these Courts should be advanced to the superior posi- 

If jndges of our District Courts. But even admitting that the 

He ofexpenditure would be great, the enormous benefit to the 

" 'ii possessing an iaiproved administration of the law cau 



ioO Municipal Lauo Summary. 

hardlv be over-eBtimated. The tribunals of the land a 
use 01 the people, and wherever the eoetlinew and the c 
faulty procedure hinders that use, the uttormost ii^jnstioi 
inflicted. I heartily concur with Mr. Daniel, when he i 
the denial of justice which practically results is most ''den 
to the community." 



MISCELLANEOUS. 

Mr. Joiur Lascelles, Barrister-at-Law, read a paper O] 
Juries and the Pleas of Criminals." The object of t 
of the paper is to show how the coimtry may be i 
expense which it now incurs in bringing witnesses to ai 
sessions, to be in readiness to givu evidence against 
who plead guilty to the (.*harges made against them, 
witnesses are paid so much a day during the time th 
attendance, and they also have their travelling expenses 
them. The mone}'^ which is paid by the State in respec 
amounts to a largo sum every year. Its indirect loss ooa 
bringing warders of prisons to bo in readiness to provi 
convictions against prisoners charged with them is also 
able. These public servants are sometimes brought ire 
parts of the country. They are withdrawn from the dii 
their regular duticH, and are often kept in enforced idle: 
our Criminal Ck)urts for two or three days. Our present 
procedure obliges the persons in charge of prosecution 
witnesses in readiness to prove previous convictions, itu 
well known to persons acquainted with the administrat 
criminal law that prisoners, against whom such charges 
almost invariably plead guilty to them as a matter of a 
addition to causing a wasteful expenditure of public n 
present method of procedure occasions a good deal of m 
inconvenience and loss to private individuals. Trade 
others are frequently brought away from their ordinary oc 
and, after being kept loitering about our courts, are told 
are at liberty to go home, as their evidence will not b< 
the prisoners against whom they were ready to appei 
pleaded guilty. The power of grand juries to call an4 
witnesses, and our practice of taking the pleas of criminal 
commencement of the assizes or sessions at which th^ 
tried, are the joint causes of the evilB complained of. (h 
meet on the day on which the trials are to begin, and 
may be called upon to plead and put upon their trials tl 
true bills have been foxmd against them. This being 
witnesses against all the prisoners have to be in attenda 
earliest time at which they may be called by the grand 
have to remain until the causes in which they are coiu 
Anally disjposed of. The necessity wliich now exists i 
witnesses m readiness to appear against prisoners who pi 
may be easily avoided by saeans of §omo changes in our 



itiicellaneous, 251 

a Older to do this we must either abolish grand juries or restrict 
Ibran to the consideration of the depositions, and to any documen- 
Kj eridenoe referred to. Additional evidence, turning up after 
lie oomxnittals, being taken in the same way as the depositions are 
fl)Eeiii — ^put into writing, and attached to and forming part of them. 
We should also cause all prisoners to plead a day or two before the 
jommencement of the assizes or sessions to wliich they have been 
jommitted, and should then only summon thuso witnesses whose 
yridence will be required, that is, the witnesses against the 
■iaoners who plead not guilty, and who consequently have to bo 
zied. In days when our judges were more creatures of the Crown, 
lad jurymen were liable to punishment for giving honest verdicts 
B cues in which it was a party, grand juries wore no doubt great 
laftguards to the people. It is believed, however, that they have 
Maed to be necessary, and that they may be abolished with safety. 
)ar judges, recorders, and chairmen of magistrates at quarter 
mmoskB may now be trusted to give prisoners all the protection to 
rUeh they are fairly entitled, by directing acquittals when the 
maes against them are not made out by the prosecution. K the 
lAection of the people for grand juries is so great that they will 
not mibmit to their abolition they may be retained, and the saving 
rt public money contemplated may still be effected. Tliis may be 
lone by restricting them to the consideration of the written 
indenoe mentioned above. It is not the duty of grand juries to 
ly prisoners, but merely to determine whether there are prima 
veis cases against them which they should bo called upon to 
inswer. The depositions and the documentary evidence referred 
would afford all the information necessary to enable them to do 
Us. Moreover, restricting them to the consideration of written 
rffidence would sometimes prevent a failure of justice. The depo> 
itions are taken when the facts sworn to are fresh in the memories 
if the witnesses, and before the friends of prisoners have had 
ime to tamper with them. Witnesses who have been tampered 
rith sometimes try to twist their evidence, and to give false im- 
■eanons, even when they are examined in open court bv counsel 
rliose intellects have been specially trained for the work. Such 
ritoeases are much more likely to attempt and to succeed in doing 
ids when they are examined by g^and jurymen in grand jury 
ooms. If grand juries bo dealt with as suggested, the attendance 
i witnesses against prisoners who plead guilty can easily be dis- 
WDsed with. This can be done by appointing commissioners to 
it and receive the pleas of prisoners a day or two before the com- 
aflucement of the assizes or sessions to which they have been 
sonnmtted for trial. If grand juries be abolished the indictments 
ikonld be made out by virtue of the committals. If they be 
intainnrl, these commissioners might either charge them themselves 
Of mi^t read charges which had been written by the judges, 
'Wntder, or chairman of magistrates who would preside at the 
tidk They should have power to advise prisoners to plead not 
gdtj in cases of doubt or difficulty, and to record their advice, 



notice Bhoala be sent to the witnesBes against p 
had pleaded goiltnry and the fact of receiving no 
flhould discharge them from tlieir obligation to attei 
On the first day of aRsizos or sossions the priaoni 
pleaded guilty should be sentenced. Those who ha^ 
should then be dealt with, and those of them found 1 
mute of malice when called upon to plead should be 
their contumacy. The trials of those who had plead 
should then be proceeded with in regular order. 1 
lected by the author at Bolton and Manchester git 
of the proportion of prisoners who plead guilty at 
county sessions and at assizes held in Lancasnire. TI 
who take this course is no doubt about the same in < 
the country. During ton years ending July 29, IJ 
number of prisoners called upon to plead at quarte 
the borough of Bolton was 1183 ; of tneso 459 pleado< 
pleaded not guilty, were tried and convicted ; and 23 
ffuilty, were tried and acquitted. At twelve sessions 
dred of Salford, held in the years 1869, 1870, the 1 
of prisoners called upon to plead was 718 ; of these 
g^ty ; 362 pleaded not guilty, were tried and convici 
pleaded not guilty, were tried and acquitted. At sis 
assizes held in the years 1869 and 1870 the tota 
prisoners called upon to plead was 382. Of these 79 p 
217 pleaded not guilty, wore tried and convicted; an 
not guilty, were tried and acquitted. At the twelve Sa 
and six Manchester assizes in question, the total numbe 
against whom ]^revious convictions were charged was < 
332 pleaded ^ilty and 3 pleaded not guilty, but were 
juries who tned them to have been previously convicb 
The number of prisoners who plead guilty is so consic 
verv larsre sum would be saved evorv vear bv merelv 




Mizcellnneous.. 



253 



' trying tliem. This extra puniBhnient eliotUd be jire- 
e I^egislature, and sboiild begia to take effect at the 
tbe sentence passed upon them for tke crimes of 
thvy lio-'i been found guilty. AU prisoners ploading not 
^*-?^". ia-L being afterwards convicted of the crimes charged 
'?*''«' tliezz3., should be submitted to tt as a matter of course, 
?**** thuY li«-*l pleaded not guilty by advice of the commissioners 
?<* toot 't-lxeii pleas. If tHe were done, more than half of the 
'««noK (,^-xxi-iiiitted for trial would probably plead guilty; and 
^Out faiilf t:>£ the sum now spent in proaecutiona at asaizes and 

B8 fFoixJ-tl be saved by the State. 
lev oz^ ■* Unanimity in Juries in Criminal Gases," byMr.KoBKBT 
■ iro^ read. The iiuthor pointed out that iu no other tribunal 
itaiiy x**^quisite to give validity to its decisiona. Intellectual 
>^ni Itaa it.^ rights id the jury box. Why should the perverelty 
BOB juro«- invalidate ihe verdict which eleven others have agreed 
jive f Ei3fi<^'''8'^e of civil juries dismissed, there are annually 
nutlfl oT f <i>ur thousand criminala acquitted and discharged out 
ibose sen C for trial. The authority of law was iu this way iu- 
lilel^ ^v-^s&lceiied and its adininiatration paralysed. 

Et. P. W- O3HK880rf road a paper on "The Macao Slave Trade." * 
■Kid: SiKxc^e the abolition of negro slavery in the dominions of 
ehief Ofa^i^ietian govemmenta of the world, and the resolute and 
4aaftU e£E<=>xts of Great Britain to abolish the slave-trade betweeu 
coast A <:ȣ' A&ica and those pseudo-civilised States which still 
iloy ctuvtt^X labour, there has rapidly grown up a new commerce 
lumaii Ti»«9inga, which ia generally known as the coolie traffic, 
ay peopl«* ^mibtakenly suppose that the slave-trade is abolished, 
tlint tji.<3 xxew system, instead of being the old one under a new 
ae, is ^o <z>Teani2ed as to enable tropical countries to obtain a 
yniii^ s"«*;^ply of labour without injury or injustice to the la- 
■Hj^ Ikx ~& ^noraace, it is to be hoped, of the abject condition of 
^Bnlies "N-vlio are taken to Cuba, Spanish philanthropists look 
^Knor^ «>3teaaive proeecution of the coolie trade for mo mcane 
^pricUz:*^^ the Spanish planters with the thews and slnowa, 
||pai -wtti «.i3), according to their mischievous theory, tlie eultl- 
^na. of tl"k^ sugar-cane must be abandoned; and die Republic 
Peru, wlaicili in emancipating its negroea, nobly declared " that 
i^uo to j xistice to restore to man hia freedom," has established 
m of csoulie immigration, which, equally with that exisitng 
n Oliuia and Cuba, is disfigured by tho worst crimes of the 
a tra.tie» . Nor is this all. In Ihe South Seas grave abuses 
c1>»r-s,<;-t^riged the deportation of natives to QueonHland ; 
_^ at ^^b.^ present moment, kidnappers are notoriously ravag- 
»t]^b»a,x].tdAil islands of tho Pacific, m order to stock the cotton 



" The Oolcmal Intelligancer " for 



254 Municipal Txiw Summary* 

plantations of Fiji. If the labourers were voltmtazy emi^pnl^ 
if they understood the nature of the contracts to whidi their mnfa 
are affixed ; and if, in addition, they were equitably treated dui^ 
tlieir period of service — it might be possible to regard the wj^im 
as a transitional one which would ultimately deyelope into a p» 
fectly free state of society. But it is the duty of tnose who atm 
studied the nuestion, and who have examined the volviniaoii 
evidence which exists, to declare that the coloured labour tniL 
whether it flows to Fiji, or Cuba, or Peru, is a new and exaggwm 
form of the slave-trade, involving the perpetration of evetyott^ 
coivable crime against human nature ; and that therefore the tai 
has come when it is imperatively necessary that the civiliied p* 
vemments of the world should endeavour to arrive at a ooauBtt 
understanding as to the repressive and other punitive meaaii H i 
which should be enforced against the kidnappers who are gui%(i( 
these lawless practices. 

In December, 18G9. the attention of the Social Sdenoe Amofr 
ation was directed to one branch of this subject by Mr. T. J. 
Morrow, formerly of Ilong Kong, whose charges, lamentable astk^f 
are, have novor been impcaclied.* It appears from his stateoMil 
that between 1849 and 1860 ''many more" than 100,000 coofai 
were exported from China to Peru; that the rates of moztdijf 
on the passage, although singularly small in the case of free pi^ 
senger ships, averaged more than 25 per cent. ; and that, in nili 
of the limitation of the contracts to five years, not a hnnm 
coolies in all had returned to their own oountiy. Mr. Momv 
attributes the excessive mortality not to bad victualling or to end 
treatment on the voyage, but to a morbid feeling of d^KreMi 
produced in tlie mind of the coolie when he realizes the mifleifij 
his fate. *' Cluuese," he says, '' are fatalists to a man, andim 
they give up liope tliey are utterly careless of life. They deitpnii, 
(iauuot bu aroused, and waste away. Hence the mortality amflll 
the coolies sent to Peru." They have indeed good reason to pnte 
death to the miserable existence which awaits them in South Am* 
rica. Two or three years ago a number of the Chinese who M 
employed in agricultural pursuits succeeded in smuggling a mm- 
rial into the hands of the American Minister at Lima. This nofd 
document contained piteous details of the ill-treatment which thif 
had experienced, and made a touching appeal to the representstbt 
of the great Eepublic for sympathy and aid. But the misfiivtiiii 
of these unhappy victims of Peruvian avarice will not bear tti 
slightest comparison with those of their infinitely more wiofaM 
countrymen who are employed on the guano islands, where, aeeiit 
ing to Mr. Consul Elmslie, '* from the nature of the labos^ 
they either speedily die, or undergo excessiye miseiy and wt 
fering." 

It is impossible to suppose that oven the most ignorant of 



See Semcmal Proceedings, 1800-70, p. 57. 



hHiieellatifOHii, 



S55 



H^^^b 6y&B open, emigrate to a country in wliioh such 
■Ifime perpetrated ; least of all, that they would Toiun- 
pace them!Kilvi4s in the power of taflk-mastei'S vho are 
p to the eniiitioQ of pity, and n'ho, m lon^ d,» their guano 
■d or their ininea vorked, care not what the waste of life 
L or what uiisery may be inllioted ou the unhappy Asiatics. 
bsUy impossible to believe that any voluntary emigration to 
■aid take place if the facts wtro known to the Chinese beforu 
n eotioed into tiie barraecHins. Moreriver, there is indubit- 
jdenco to pi'ove that the so-called immigration is kept alive 
tappisg as well as fraud. This is a serious accusation, im- 
Ir RS it does the authorities of the Fortuguoeo settlement at 
Iltut it is Ailly JQstided by the diwlosures which have been 
padu in connection with the coolie ship " Dolores Ugarte." 
tvsBHel, with 656 coolies on Ijoard, sailed from Uacoo in 
k. She was about 800 tons burthen, and the crew consisted 
F-Gv« sailors, all told. There were four boats on board, 
I of holding eighty men in a smooth sea, but, it is said, 
jrere not in trim." After sailing, one of the coolies jumped 
pd and was with difficulty recaptured, while others also 
bored to esrnpe. Some were crying, aJid it appears by no 
pirtatn that all of them knew they were to be taken to Peru. 
hese spy reported to the captain that a mutiny was being 
jed, and a number of men, marked as dangerous characters, 
ht in irons. The evidence, however, both as to the alleged 
(and to the diatiirbaiice which subsequently took plaie, is 
kissed. What is certain is, that there was disorder of 
Had below, and that the hatches were fastened down. 
iFbM, a Cforman sailor, states that "all the officers wiint 
I and Mnptied the barrels of their revolvers down the fore- 
\ This was because the coolies were trying to knock through 
Dogs with planks and stnnt^iiions." About an hour and a 
I onAT the hatches wore dosed smoke was observed to issue 
1 brass ventilator. How the lire originated, whether by 
f aooident, nobody knoft-s. A hosi' waa passed into the 
t the flames made so much headway that the captain de- 
I abandon the ship. The Iwats shoved off, leaving the 
a th« hold to their fate. At this time the wholn ship wau 
nd aa the hatches were not unfastened, and ail the efforts 
IT creatures to liberate themselves were unavailing, it was 
» that they could escape being either burnt to death or 
Sucli was tlio tragical und of the " Doloros Ugartn," a 
' 1i had gained an unhappy notoriety in the coolie trade ; 
X that during a voyage &oni Uacao to Callao, which 
k a short time before this crowning disastor, eighteen 
©d overboard in consequence of ill-treatment ; twenty- 
n an insufficient supply of food and water ; and forty- 
e lauded at Honolulu, many of them in the last stages of 
on this part of the subject I need only add, that when 
k from the burning wreok reached Uaooo bo inquiiy 



25 G Municipal Laio Sufnfnarif* 

was instituted by the Portuffueso authorities, and Hiat the^ facto 
would never have been made public, except for an unofficial in- 
vestigation which took place at Hong Kong, and for the hnmaw 
spirit of the newspaper press of that settlement. j 

That inquiry, although it was not conducted bj the authflriiiii ^ 
of Hong Kong (who might have been expected to take the initio 
tivo in the matter), was the more valuable b^ause it elicited aow 
startling revelations as to the mode in which the Chinese had hm 
induced to contract for service in Peru. Fifty of the Chinese, ula^ 
fortunately for themselves, came on deck, made their escape; aal 
the statements of some of the number were taken down by fti j 
reporter of the China Mail, (The author here illustrated how igno- j 
rant and unsuspecting Chinamen were entrapped into the Peraviia 
slave- trade.) 

These statements, taken separately, or as a whole, afibrd oa- 
dusive proof of the existence of a shameful system of fraud sad 
kidnapping at Macao, and that, too, under the eye, and, it is tobi 
feared, with the connivance of the Portuguese authorities. Hn 
victims are drawn to Macao from the oountxy districts, nndsr flw, 
pretence that situations will be found for them. Agents m, 
employed who know these people, and who therefore are hkh 
easily able to abuse their confidence. What really awaits themii' 
the slave barracoon and the slave ship ; and when they discover Ai 
network of fraud in which they have been entangled, it is too hta 
for them to retrace their steps — their doom is irrevocably sealed. 

I am glad to see that in another case, that of the French oooEr 
ship, tho ''Nouvelle Penelope,'' Mr. Smale, the Chief Justice flC 
Hong Kong, decided that ±LWok-a-sing, a kidnapped Ohinsmia 
who had headed a mutiny in which the captain was Killed, wasnol). . 
guilty of murder; but was justified, alike by natural and by writtai: ' 
law, in his efforts to recover the freedom of which he and Vi h 
associates had been unjustly deprived. The same highmindel ^ 
judge signally vindicated the independence of the Bench by refiiaiag -3 
to alter his decision, or to permit Kwok-a-sing to be tried on otiur. i 
charges which were sought to be fabricated out of the same irsni< i 
action ; and this, althou^ the Legislative Council and the Attoniirj«- ^. 
(ienoral did their utmost to prolong the man's imprisonment, m ] 
to bring him to trial for the alleged offence. If a crime was oomr 
mitted, tho kidnappers of the coolies alone were responsible for it : 
aiid iu so vital a matter as the right of a man to his own persoail 1 
freedom there cannot be, within iBritish jurisdiction, one law fie. 
the European and another for the Asiatic. ! 

I must refer, although with brevity, to the case of Cuba, becanN ^ 
it has been repeatedly stated that, whenever emancipation takv. 
place, slave labour is to be supplanted by coolie labour; audi 
mdeed, a company, having a capital of one million of doUarsy has 
been already organized at Havana for the purpose of nromotbgi 
on a larger scale than ever, the so-called free immigration a( 
Chinese. I, for one, regard the probable effect of these sdiamn 
with the greatest dionay; for the coolie eystem in CobA ii not oidj 



Miscellaneous. 257 

aveTy, but slavery in an aggravated form. Every negro represents 
capital of 800 or 1000 dollars, and therefore the master has an 
iterest in extracting from him only that amount of labour which 
I compatible with his physical x)owors of endurance ; but as the 
Skinese are bound only for limited periods of service, they are 
'ued up " with a recklessness of cruelty which has excited the 
adignant reprobation of many of the native Cubans, and of every 
amuLne traveller who bas visited the island. Thus the restrictions 
rhich, in a loss cruel state of society, constitute a guarantee against 
ignstice, are, in Cuba, a source of untold misery to the unhappy 
Lnatics, whose fate is the more hopeless, because, while the 
ndaved negro excites pity, even philanthropists have been deceived 
7 such misleading phrases as ** voluntary emigration," " ap- 
renticeship,'* and ** free contracts." 

This brings me to the practical question of the international 
sgnlation of the coolie tr^c. Sir Alfred Stt^2)lion, Cliief Justice 
f«ew South "Wales, in his judgment in the case of the ** Daphne" 
tgaed that it was impossible to enforce the existing slave-trnde 
tetntes against such irregularities as liavo grown up in connection 
ith the Jrolynesian labour traffic ; and as liis view of the law 
ppears to have been endorsed by still higlier authorities, it fol- 
nrsi by a parity of reasoning, that our slave-trade treaties ought 
» be revised in the direction of greater explicitness and stringency. 
ord Kimberley, in a circular addressed to the Governors of the 
.Vfltralian colonies in March last, intimated that he proposed to 
liroduce into Parliament a Bill which would make a British 
ibject guilty of felony if he commits any of the following 
fences : — 

"(1.) Decoys, either by force or fraud, any native on board any 
Hsel, either on the high seas or elsewhere, for the purpose of 
nporting such native into any island or place other than that to 
rfich he belongs, or in which he was residing at the time of the 
Oomussion of such offence ; 

" (2.) Ships, embarks, receives, detains, or contiues for the pur- 
idse aforesaid any native of tlie aforesaid islands on board any 
wad, either on the high seas or elsewhere, without the consent of 
Beh native^ the proof of which consent shall lie on the jiarty 
uCcoBed; 

" (3.^ Contracts for the shipping, embarking, receiving, or de- 
tining, or confining on board any such vessel, for the puri)ose 
iftresaid, any native without his consent, proof of which consent 
kail lie on the party accused. 

"(4.) Fits out, mans, navigates, equips, Tises, employs, lets or 
akes on freight or hire any vessel, or commands or serves, or is 
Q board any such vessel with intent to couimit, or that any one on 
oard any such vessel should commit, any of the offences above 
ftmnerated. 

" (5.) Ships, lades, receives, or puts on boai'd, or contracts for 
le shippinfi;, lading, receiving, or putting on board of any vessel 
msiYf goooB, or other articles, with the intent that they should be 

17 



258 Address on Repression of Crime. 

employed, or knowing that they will be employed, in the oomsdi- 
sion of any of the offences above enumerated." 

The language of this proposed Act is as (AmprehenBiTe as it ii 
lucid, and covers the whole ground of the offences against wUtk 
I have raised an earnest protest. But I am anxious to see fli 
Imperial Government go a step further, by inviting the leadia| 
nations of Christendom to g^vo to these proposals the adan 
sanction of international law. Every nation has a common init^ 
est in riddine the seas of kidnappers and pirates ; and Enrimj^ 
which has already done so niucn in this great cause, wonidb 
both upholding her best traditions and treading a path worthy i( 
her ancient fame, if she took the lead in rooting out the old emy 
in his new guise. Dryden, in his ''Indian Emperor," mikii 
Cortes less cruel than Pizarro ; and I am aware that in the eoolii 
trade similar distinctions may be drawn. Without, therefifeL 
holding up all coolie traders to indignant reprobation, I oontni 
that their proceedings are tainted with so much of firaud lal 
violence that the international reg^ulation of the traffic oug^ » 
longer to be delayed ; and that if our Foreign Office led ths njf, 
France, Germany, the United States, and possibly other poivo^ 
would be willing to enter into a convention. Based upon the piiil- 
ples of tlio Imperial Act whose provisions Lord Kimoerley haift» 
shadowed. Such an appeal to the public law of the civiluediraH 
would commend itself to the humane conscience, and to the jndidi) . 
temper of tho nation. Tliere are some, I know, who smile vift-! 
contempt upon any effort which is made on behalf of the wnfari 
rac(>u of mankind ; but those have been answered, as they mif '' 
bo answered again, in the words of a living American humomiit: 
— '* Poor John Chinaman in liis persecution is still able to dM. 
tho conscious hate and fear with which inferiority alwajrs nginb.; 
tho possibility of ovonrhanded justice, and which is the key-noil li^ 
tho vulgar clamour about sorvile and degraded races." 



REPRESSION OP CRDIE SECTION. 



Address on Repression of Crime. By LoRD TEiaKMOUTH. 

VERBUM sapienti shall be the motto of my Address. SuggcrfM 
remarks on some of the topics about to engage the attentko rf 
this Section, may serve to elicit counsel from those best aUa ii 
impart it. 

We have to do with crime. Vice, as the parent of crime^ htM «l# 
been the subject of penal legislation. Take, as a vemarfaUl 
example, the vindication of State authority by a tingle ohfeeoi 
institution. Suffering at first from obloquy and donbt» as tolriieitt 
its proceedings were constitutional, cautiously concealing Out 



Si/ Lord Tif^nmouik SJS5 

at till last year ventaring a public meeting of its members, tbe 
▼ for the Suppression of Vice, now enteriug on its Beveotieth 
hta been enableO by help of Pfuliament, amending exiating, or 
ig more Btrlugent SUtules, as for inalance Lord CampbeH's 
' legal tribunals sueUiniDg its iadictmenta bj conviclions. of 
coKiperntioQ, and ibe approval of tbe Bench, tbe public, and 
Ma, to efiect aa enormous destruction of noxious prinla and pub- 
a», ibe punishment, deservedly flevere, of some of the dealers 
s neliu-ious traffic, and the exlirpation of establisbment^ the 
\Bfi of an intemational league for tbe corruption of our youth. 
lot our Association derive encouragement from the success, and 
mend to much uceded support, the proceedings of this bumble 
^worker in the cause of morality I 
vice is more prolific of crime than drunkeoness. Some rritb a 
|o ita partial extinction, by means of the probibitioa of tbe sale 
ritaoas liquors, would entrust the licenaiog of public houaoa to 
eighbouring ratepayers, or in other words, uige Parliament, 
, bu for some time advantageously enlarged, as in the case of 
Lav, highway and sanitary districts, tbe area of local juri«dlc- 
;lo restrict it once more, and within narrower than the old 
hiai Umita. The probable result of such retrograde policy 
either tlie too successful employment of Ibe vast capital 
1 tbe liquor trade, in bribing, and buying up the suffrages 
tub extemporised legislators or such ever-recurring dislurbimce 
1 puce of licensing districts, as to make it doubtful whether 
eaprieioDS legislation would long be tolerated. 
ippity the advocates of extreme and of moderate measures agree 
ibe necessity of regulating the traffic. The supporters of free 
leptional circumstances which endanger the np- 
tnciple to the sale of spirituous liquors, as, if UD- 
ted, it would become the resource of the very outcasts of tbe 
sunity, iuduciug demoralising and disastrous competition, as 
cn to a certain extent exemplified at Liverpool, and on a large 
n America. To whom has the licensing been hitherto confided} 
Inally, but not in fact, to magistrates acting in Petty Sessions. 
lie recent transfer, of the control of tbe beer-shops from the 
3 to the magistrates, tlio latter could scarcely be held respon- 
And till the good sense of several counties bad rid the 
' of tbe appellate jurisdiction of Quarter Sessions in the matter, 
■Dticipnting A salutary provision of the Suspensory Act, their 
irity was degraded, if not paralysed, by being subjected to a 
ically arbitrary decision, or else to appear in court as real, when 
would be regarded in no other light than nominal defendants, 
A purpoae of surrendering jurisdiction, depending on the know- 
01 local circumstances to magistrates comparatively destitute of 
I of being unwiUing parties to u one-sided appeal testifying to 
^dominant inilueuce of the publican. The magistrates are nt 
I brought face to face with the public. Why not allow them a 
" >l T Diaencn mber them of needless rosponMbility by limiting 
^^^^ 17—2 



260 Address on Repression of Crime. 

the hours of sale, preventing adulteration of liquors and < 
restrictions, and especially by more effectiye supervision. Ab< 
may hope — we must not be too sanguine — that good feeling on 
part, and a sense of the importance of their task, supported bjp 
opinion, may induce much practical reform. 

The consideration of the proposal for transferring the lioenBiii 
Boards, composed partly of magistrates, and partly of ratepa; 
may be deferred till we have some means of judging of the reso 
such association, when applied to county management. 

The alternative of a single judge holding Licensing Sessions 
scarcely be seriously entertained, as ho would be ignorant oi 
local circumstances which should govern his decisions. 

A vast amount of crime may be still traced to vagrancy, not^ 
standing Poor Law amendment, the operation of Mendicity Socli 
the exertions of magistrates, and the newly organized pi 
Some may dissent from this statement ; but let us listen to the evid 
especially that of the inspectors of Irish prisons, who find the 
dency of vagrancy to crime direct, especially in the case of jovei 
The efforts of counties to suppress vagrancy, whether isolated < 
concert, by means of pass tickets, vigorous enforcement of the 
or otherwise, cannot supersede further legislative and administr 
procedure. No less was the inadequacy than the power of vi 
taryism evinced by Dr. Chalmers's glorious experiment at Glai 
The Government must take the matter into its own hands, with a 
to affording full scope to local effort. The urgent necessity oft 
was impressed on Government by a resolution unanimously ad< 
by the North Riding magistrates, on a motion at Quarter Sesi 
proposed by the writer of these pages. A detailed account o 
abuses of the system ascertained by previous inquiry, affeetiof 
workhouses, lodging-houses, streets, and highways would sin 
and disgust tlie hearer. Admitting the distinction between vag 
and tramps, the honest traveller and the vagabond, one q 
might be available for able-bodied males. Solitary occupation 
suitable cell, washing, food and work, under the supervision o! 
police, and especially of a portion of that force selected and tn 
for the purpose, would, combined with similar inspection o 
lodging-houses, speedily reduce vagrancy ; whilst the honest trti 
would bo freed from the intolerable association with the i 
characters to which he is at present exposed. As the workhi 
would continue to receive female vagrants — who are but I 
children, and the sick of both sexes, the cost of the proposed airi 
ment would be far less than might bo supposed, and wool 
defrayed by the decrease of other expenditure. 

The Government would now derive great assistance fron 
practical experience of various counties. 

The parental obligations by which the State is bound to pr 
means of reclaiming the prisoners compatibly with the rec 
meats of prison discipline, was very imperfectly recognised til 
commencement of the present century. To visit the tortured pri 



3y Lord Teignmouth. 

pesdlential dungeou waa deemed tiyoaeof our roost ealizhlened^ 
men the noblest achievement of self-sacriliciDg philanthropy 1*1 
low degrees the State, cxpouent of bumonily, haq fakeo lbs 
ler Qoder tW charge whilst undergoing the penalty of the law 
e gaol, the convict prison, tlio reformatory, the certified i 
«l school, the refuge, or during his supplementary girobulioa.l 
dcet of leave. Thb duty has been innterially nimplilieJ h/ I 
bolition of transportation and the hulks. \ 

Aut of 1865 embodied the result of much Parliameutary and'l 
inquiry. Have ita provisionB been enforced, and by what F 
T The measure was in some respects reaciionnry aa opposedj 
too lenient treatment of some of our gaols. To this Act wo"! 
lie signal benefit of the State recognition of the cellular Bjslem'B 
I Bolilary conlinemcnt of the prisoners in a roomy, well- warmed /I 
lighted, and well-venlilated cell, a Ejstem which sliould admit f 
modi£catioa having regard to gradual mitigation of pui 
il, or to the secular, industrial, or religious education of the 
in which would compromise ils integrity. But it erred in 
' stiniiug the dietary of the first class of prisoners, in nut pro- 
for lie progressive substitution of profitable for =imply penU 
, whilst its excellent educational provision was not aufiicientljr 
t to ensure compliance. These defects have been rectified in I 
iriaons by the Home Office at the instigation of the visiting J 
ta, and also by the exercise of their discretion. 
B objection to prison labour, oa interfering with the outer J 
It, urged by proposed representalives of tho n 
over-ruled at previous meetings of this Association. Surely iM J 
ites would deftire to see our prisona empty, and their innkalea'J 
g the free competition of tho labour market. Why then debar' 1 
u prisoners from the benefit of indastrial employment, and the 1 
from that of their earnings t In i-efcrence to education, J 
iea instituted some time ago by myself and others, corrobora- 1 
' otlier valuable testimony, warrant the conclusion that it i^l 
leglected. Whilst the Prison Ministers Act of 186:). which f 
the appointment by Quarter Sessions of ministerA In gaols, f 
tbttn those of the Church of England, has in many cases been I 
ed, the House of Commons has not sanctioned the Bill, making I 
ipnlsory, which passed tho Lords iu March last. 
Mwbile, the Act of 186.5, so far from estubliahing uniformity, 
s of much latitude of procedure as to discipline, employment, 
tttOD, and even cellular confinement. Notwithstanding the con- 
ation of the small borough gaola by the Lords' Committee in 
, some of those costly and objectionable establishments remain 
IgUnd, and very many in Scodand and in Ireland, 
s admitted that the cellular system cannot be rigorously enforced, 
jored in a certain period tlio bodily or mental health of the 
■r, and therefore admits of modification compatible with the ' 
tX rei^uirements of education and industrial employment. I 
of the conseiiuent evil may be ascribed to want of proper I 



262 AddresB on Eep^cssion of Crime, 

supervision. Tiic management of prisons is left chiefly to the visiting 
jufcitices. The magistrates in Quarter Sessions and Town Couneili 
seldom interfere, and ^vhcn they do, sometimes ignorantly and soldj 
from motives of economy. The Government inspectors, reduced to two 
in England, me supposed to enlighten the Home OiHce on the conditioo 
of gaol^, and a ccriuin amount of valuable reform is the result. Bat 
they depend for their information too much on the very functionariei 
w-hose conduct tlu'y ought strictly to investigate. Too commonly 
they report that it is stilted that the discipline of tlio gaols is main- 
tained ; and as to education, employ the invariable stereotyped 
phrase thai the chaplain states that no alteration has been made in 
his duties or those of the schoolmaster since the last inspection. 
Again, singularly enough, >vhilst the inspector of the norlhen 
district censures some of the English prisons, especially those of 
Lincolnshire and Wcstmoi*eland and many of the Scotch, cspecialij 
those of Edinburgh and Glasgow, not a single defect is detected in 
those of the souLhcrn districts by their more indulgent supervisor; 
while, on the contrary, the inspector of the Irish prisons criticises 
freely the conduct of magistrates, governors, chaplains, and other 
functionaries under his charge. 

For the improvement of the system adopted in our convict prisonii 
especially the Irish, wo arc much indebted to Sir Walter Crofton 
and others. Solitary confinement, as a rule, cannot be safelj 
adopted in those establishments, taking into consideration tiie 
previous periods during which it has been undergone. But when 
we are informed by one of the chaplains that a convict's reformation 
is obstructed by the jeers of his comrades, we could wish that some* 
thing more might be done to prevent the evil of promiscuous aasodA- 
tion. 

Most gratifying testimony is borno by prison authorities to the 
value of refuges and associations for the relief of discharged prisonen. 
The reformatories and certified industrial schools, offspring of those 
admirable, but somewhat decried institutions, ragged schools, thoogii 
as yet experinienuil, have well stood the test to which they have been 
subjected, and after having for a time laboured under the disad- 
vantage of inadeijuatc public control, arc at longtli fairly recognised 
among the most useful of our national establishments. Mr. Sdney 
Turner com])lains of the insufficient notice, on the part of the certified 
industrial schools, of the subsc(|uent career of the children who have 
left them. The efficacy of thcso institutions as well as ragged achoob 
could bo increased. Tho subject may safely be left for the present 
in the hands of Miss Carpenter. 

The defects in tho supervision of convicts after their diflchar|^, 
as provided for by the Habitual Criminals Act, have been materid^y 
rectified by the Bill for tho Prevention of Crime just passed} which 
reflects credit on Sir Walter Crofton and on the Secretary of Ststs 
for the Home Department. 

To advert for a moment to the vexed question of capital panislh 
ment Whoever feels the vast importance of human lifoi M respects 



By Lord T^ignmouth. 263 

A time and eternity, must sympathise with philanthropists who 
dt some adequate substitute for the extreme penalty of the law. 
^erpetoal imprisonment is the proposed alternative. But can we 
epsod on the so-called perpetuity ? Were it possible to ensure it, 
Sr Walter Crofton by the plan he proposed at Manchester for 

Skting the punishment in its advanced stages would perhaps have 
ed the required guarantee. But as yet none, and, least of all, 
ht conyiet, would doubt the possibility of personal, humane, or 
nlilieal considerations, determining the punishment. In the State 
riiOD of Massachusetts, during a term of thirty years, 46 per cent, 
toder life sentences have been pardoned, and the average time 
erved was six years and three months. It is to be feared that the 
omparative value of the current coin, and of a bill which might be 
ishonoured, or discounted at a fraction of its nominal worth, would 
msare the generally estimated difference between the punishment 
f death and that of life imprisonment. The new Bill about to be 
ilrodueed into Parliament proposes the farther modification, but not 
16 abolition, of the punishment of deatli. 

Time will not admit of the review of the enactments of the hte 
eidon, which have tended, directly or indirectly, to the prevention 
r crime. We may mention the Trades Union Act, 34 & 35 Vict., 
, 31 ; the Railway Regulation Amendment, 34 & 35 Vict., c. 78 ; 
16 Prevention of Crime Act, 34 & 35 Vict., c. 12, already referred 
K the Criminal Law Amendment and other enactments calculated to 
romote the education of the lower classes. And especially we 
iQit hail with satisfaction the operations of the Endowed Schools 
xt, from which, if wisely conducted, we may anticipate, as the 
ssolt of utilizing a vast amount of property dedicated by the piety 
ad munificence of past generations to educational purposes, the 
etter qualification of the middle classes for that enlarged share of 
leil and national jurisdiction with which recent legislation has in- 
eited them. 

Id conclusion, I may be permitted to specify some amendments of 
Diling law and practice to which the attention of the Association 
v^% be, and I hope will be, directed. 

(1.) Uniformity in the management of our prisons. 

(2.) More efiective inspection, involving the question which will 
iMAj be discussed at this Congress, the establishment of a central 
[otrd of ControL 

(8.) The speedy abolition of the remaining small Borough gaols, as 
Deommended by the Lords' Committee of 1863. 

(4.) The reconstruction of gaols at present unsusceptible of adap- 
itkm to the cellular system. 

(jb) The employment, for various specified purposes, of a detective 
roi| taken from the police) and under the control of the Commis- 
ip. The experience of tlie London Mendicity Society, and the 
eiety for the Suppression of Vice has proved the signal advantage 
theqratem. 



264 Tlie Cellular StfBtenu 

(6.) The promotion of recommittala by camulative penaltieii nfa- 
lated in part by the discretion of the magistrates. 

(7.) The graduated substitution in our prisons of profitable fir. 
simply penal labour. 

(8.) The enforcement of education in our prisons, as proriW 
for by the Prison Act of 1 865. 

(9.) The compulsory clauses of the Prison Ministers Act of IM^ 
enacted by the Lords during the last Session, should bo confirmed ^ 
the Commons. 

(10.) The increased efficacy of the certified industrial and ngri 
schools. 

(11.) The amendment of oar licensing laws. 

(12.) A new vagrant law. 

And lastly, co-operation with other countries in the promotioQ «( 
prison reform. Much benefit may be anticipated from the lutcro^ 
tioiial Congress to be held next year in London. 

The proceedings of the National Congress on PenitenUary aai 
Reformatory Discipline, held at Cincinnati last year, are full of iatercit 
Although, in the opinion of enlightened meui the present proUeiiflf 
prison discipline is yet unsolved, wo may hope that the -oowDgA rf 
our friends, who will represent the United Stales and other ooiir 
tries on the occasion to which we refer, may materially help us it 
effecting somewhat towards its solution. 



TIIE CELLULAB BYSTEM. 

How far ouf/ht the Cellular St/stem of Imprisonment toleadcpUif 
and how far does it necessarihf interfere with Productioe Lommri 
Bij William Tallack (Secretary of the Howard Associi* 
tion^ London). 

CONSIDERING the long controversy for and against the ceUukr 
system of imprisonment, which has continued for more thanfiii^ 
years to excite much inti^rest in the principal civilised nationi|iM 
considering also the numlier of practical experiments and GovenuBMl 
commissions which have been instituted for the purpose of dM>< 
mining its merits or dcm(>rits, it is remarkable that no general agw 
ment has yet been arrived at in relation to this system, by the dutf 
countries of the world. 

Not only has no general agreement resulted, but a very gBHt 
divergence of conclusions on the subject continues to exist, Md tlirt 
even amongst persons the most conversant with criminal treatoMiL 

In the United States, where the controversy originated to a eoi* 
siderable extent, it is still maintained, with much firmness of o^UQ% 
by partisans of opposite views. The supporters of the PhiladdfUi 
system, of absolute separation by day and night (as ezempiHiMii 
the Eastern Penitentiary of that city), continue to ur^ both b* 



By WHUam TalhrL S89 

I and by appenU to facts, Us decided superiority over the 
em adopted in all iho other Slnlos of the Uaion— 1>., congregAte 
It labour by d&j, with total geparation only by night. 
D Great Britain (thanks in a great degree to Sir Walter Crofion), 
County and Borough gaoU have generally adopted a modified 
'system (involviug considerable separation by day and total 
)n by night); but the Convict prUons, containing altogether 
ty 10,000 itimal^S) committed for periods of five years and up- 
li, present tlie strange spectacle of a most jncousiatent mixluro uC 
Imeuti th« eonvicts being conftned in separata cells for the first 
months of their terms, and then for the long remaining periods 
are crowded togetlier in corrupting gangs, contaminating one 
her vrilh blasphemies and obscenities. Hence Great Britniu has 
tttaltr arrived at two contradictory conclusions aa lo the value 
e cellular system. 
huicc has. on the whole, I'cjected or refused to adopt the system, 
prefers the pian of congregate labour ; but the French prisons 
>y no means models for other countries, having many of the worst 
irm of the vile mixed system. 
tlglom, on the other hand, which (with Holland) may be con- 
ted as now leadiog the vaji of all natioiia in regard to prison 
pHoe, has decidedly committed itself to the cellular aystern, and 
nvertiog all its gaols, as fast as circumstances will permit, into 
tntious, iu which total sepiLration by Jay and uight is a prominent 
re. 

lUand, after many years of quiet vigilance and study of tlw 
tns of other nations, has also pronounced in favour of the eel- 
system. 

rmony, always foremost in intelligent observation, also appears 
I taking a decided stand by this plan. 

kly, ijpain, Russia, and some other countries, have not yet 
eiontly organized their systems on any permanent basis, so as lo 
uoted on either side of the controversy. 

is moat important to observe, that the cellular system, so suc- 
IbUy adopted in Belgium and Holland, is very different from the 
tntely solitary mode, which in several Americnu prisons, and 
bly at Auburn, called forth the trenchant strictures of Charles 
icoK. The rigorous solitary system is an inhuman and unchristian 

It tends certainly to cause madness and suicide. 
be modified separate plan of modern British and American pri* 
is infinitely better than that unnatural and cruel one ; neverlhe- 
Ihe modified separate, or daily congregate system, is also shown 
la resalta to be very unsatisfactory ; for notwiliistanding its 
tse (about 31/. per head per annum in British prisons), the 
nr of recommittals continues to be exceedingly high — 39 per 
and wo have abundant testimonies as to its grave defects, from 
ri^es practically competent to pronounce an opinion. For 
^to, At ihe Lancashire Sessions, in September, 1671 (£arl Derby 
ebalr), one of the most active and prominent visiting magie- 



266 The Cellular Syttem. 

trates of the county— ^Mr. Edmund Aahworth — said, that twent 
jearB* experience in that capacity had convinced him that niDety-nta 
prisoners out of every 100 leave the gaols worse than they enH 
them. 

Another magistrate of much experience — Mr. Angus A. CroD- 
recently Sheriff of London and Middlesex, writes, in a pamphlet pob 
lished last year: — " For one prisoner reformed many are corrnpted 
It is to bo feared that, in the great majority of cases, imprisoDnwai 
gives an impetus to the downward course of the convict** FortlMr 
it is found, that in many of the British prisons a number of thdr In 
mates are committed not dozens, but scores, and even hundreds, oj 
times in succession. 

In Belgium, on the other hand, since the adoption of the ntl 
cellular system, the number of recommittals to the principal prisot 
conducted on that plan, has diminished more than 40 per cent, (tin 
official returns give a still higher number), and I was assured bji 
prison officer of thirty years* experience in that country, that hi 
knew of no case of a prisoner committed more than six times. Aw 
throughout Belgium the number of prisoners has been reduced s 
least 30 per cent, by the new system. 

The great progress of prison discipline in Belgium and HollaiH 
has been no hasty work, but the result of long and very carefullj 
tested experience. 

Even a century ngo, the prisons of these two countries elidtsi 
the repeated eulogies of the illustrious Howard, who visited tha 
again and again, taking nine journeys to Holland, and nearly t 
many to Belgium. In the former country he found the gaols cleai 
and orderly, with their inmates employed at useful labour (cbie^ 
the manufacture of cloth), of the proceeds of which they receivM 
n share to aid them on their discharge. The Dutch motto, wUd 
became a favourite one with Howard, was ''Make men diligent, am 
you will make them honest." This object was accomplished by tin 
enforcement and encouragement of useful occupation regulated b] 
piece-work. 

At the same period, Belgium had established, in the great prison 
of Ghent and Vilvorde, the system of entire separation by night 
with congregate labour by day, which was a vast improvement apoi 
the horrible and almost unrestrained contamination which then, tni 
for a long time afterwards, formed a disgraceful feature in the gaok 
of Great Britain and of most other nations. Many years after thi 
system had been adopted in Belgium, it was imitated in the Unite! 
States, and, by a strange ignorance of its origin, it has subseqaend] 
generally gone by the name of the American System, just as lb 
name of the real discoverer of that continent, Columbus, has beei 
ignored in its universal appellation — America. 

It was in 1775 that Howard paid his first visit to Ghent prisqi 
then newly erected, and its features of useful task-work, vri^ a shu 
in the earnings, by the prisoners, and their complete ■eparation \ 
night, drew from him the exclamation that it was a ^ qoblf insflt 



ify Willuim Tallad: 267 

His second visit there, in the followiag jear, dicit«d ths 
: that he seldom oaviod foreign countries their Eituation, 
a, manners, or govemraent, but tbat their prisons caused liim 
ih for Englaad. On his eixtli visit: to the Lonr Countries ia 
lie found the prisoners at Ghent iu a miaerable condition of 
tlisatioD and ill health. For ibe Emperor JoBeph, at the 
itioQ of a few priralQ manufacturers, had ordered tlie useful 
:ti*e labour of the establishment to be ulmost discontinued. 
lEuItB were such as might have been expected. The Governor 
of (hem ns " unliappy changes," and Howard, with his nsua! 
cn of sneeeh, termed the alteration a "vile policy." Two 
ftfUrwards, he had an interview with the Emperor at Vienua, 
wilhoui any ceremony, complained sharply of the lack of 
n in many departments of the prisons and other inslltutions 
;tria. The Emperor asked " Where have you seen any better 
ilions of the Itind ? " " There wax one bftler," said Howard, 
Iteat, hut (he added), not so now \ " The Emperor started and 
ed displeased, but eventually parted from his honest -spoken 
' with cordiality and respect, and proraiseil to carry out some, 
t, of hU recommendations. 

I comparatively successful administrstion or the Belgian and 
prisons has continued throughout the present century. But 
the last thirty years the governments nf both countries have 
illy, but decidedly, adopted tlieir present form of the cellular 

two principal agents in introducing this plan were the late 
■ Duc[>otiaux, of Brussels, and M, W. H. Suringar, of 

Dnopetiaux's attention was awalcened to the necessity of 
' prison reform by bis own experiences, like Howard. In 
le underwent a year's confinement for his writings in favour 

r' in independence. Two years afterwards, on the achieve- 
that independence, the newly enthroned King Leopold I. (of 
Ions memory) appointed M. Ducpctiaux to be Inspector-General 
e whielt he held till his decease in 1867. During 
)g tenure of office he devoted himself to the reform of the 
I of which he had lelt and seen the evil tendency during his. 
learceration. 

Wticular he had observed that any amount of association with 
irleoners not only fostered evil communications, but, which wa^ 
lore tnischievons, ruined for life many of the inmates who hud 
lly been committed for slight ofTences, l>y causing them to be 
leotiy recognisable after their discharge by inveterate and 
disposed criminals. For example, Francis (to take any name), 
renlicp, imprisoned at drst for some theft amounting to half-a- 
in value, might be, on bis discharge, recognized by Alphoose, 
offender, who would thus have it in his power to bruod the 
~s as a " prison bird," and blast for life his diameter and 
s of getting an honest livelihood. 



268 Tlie Cellular System. 

M. Ducpetiauz also ascertained that in the boxes plac 
Belgian prisons to receive complaints from the prisonersy tl 
jority of these complaints consisted of requests to be separatee 
the horrible companionship of hateful and depraved associates. 

His miud was further impressed with the amount of pnnis 
needlessly inflicted on innocent wives and children bj verj 
sentences of impri.'^onment passed upon their husbands and faU 
sentences which involved also unduly lengthened pecuniary bi 
upon the honest taxpayer, whilst, in many cases, also great 
juring the criminal by an unnatural and cruel separation fro 
ties of kindred and the softening influences of parental and oa 
relationships. 

He reflected that if it should be found that the entire sepa 
of prisoners i'rom communication with others was a punishm 
the worse class of offendorii, and a safeguard to the better cm 
advantage would be double. The separation would be more 
tory and more deterrent to the wilful, whilst more merciful and 
curative to the really penitent. Thus shorter terms, with c 
discipline, might safely and with many advantages, moral an 
nomical, bo substituted for longer and less effectual peril 
partially associated imprisonment. 

It was also obvious that contagious and epidemic diseases 
be greatly checked by cellular separation, whilst prison riot 
rebellions would bo rendered almost impossible. Nor won! 
sneers and laughter of reprobate companions any longer be i 
efface from the hearts of the less hardened, the impressions nu 
religious instructors or wise advisers. Thus would there be a i 
inducement and prospect of success for frequent visitation b; 
persons, whether officially connected with the prison, or otlu 
as duty or desire might prompt to offer their aid to the prii 
And, Anally, the inmates, anxious for occupation and variety 
become more diligent in their resort to useful handicraft : 
(^especially with the additional spur of a share in the profiti 
more attentive to the instructive solace of well-selected books. 

All these advantages, without any proportionate disadvai 
have been found to result from the practical adoption of the o 
system in Belgium, where it has been accompanied by thos 
and merciful precautions which were neglected in the very d 
system, bearing the same name, once adopted in Amariei 
elsewhere. 

And it may be mentioned here, by the way, that in proporl 
the cellular system (apart from mere idle solitude and nnitei 
useful industry and instruction) has been tried in this country, 
been eminently successful. Mr. Oakley, the experienced gova 
Taunton gaol, informs me that when he came to that prison t 
years ago it was chiefly conducted on the congregate systei 
there were 200 county prisoners in it. Now it is cellolar Ai 
out, and the number of country prisoners is reduced to se 
although the district population has increased, most of tho celb 




Sif Waiiam Talhch. 

I other counties. The same gentlemftn also testifies [o t!ic 

I mischief which is ofleo wrought merely by iho cootBct of 

t, iat one hour or leap, wheii broaght together into court for 

lent beibre trial, to plead guilty or aot guilty. For example, 

oal criminal sees near him amongst the prisoners ayouug 

in, committed perhaps for a first and petty ofieoce, and possibly 

I guilty of that. After their discliarge, he may, in walking 

pi ttteelD, recognize the girl at the door or down the area of some 

' B where she has obtained a aittiattoD. The villain at onea sees 

MCt of takliig advantage of h\s brief recognition in court, and 

B ftcoosta the girl, reminding her of their having both been in 

i such a time. " For goojnesa" sake," she exclaims, in fright, 

) here. It would never do for my mistress or the oUier 

I t« know that I had been in gaol. It might bo my ruin," 

B the man cares nothing for this, and the poor girl ia obliged 

" 'a silence either by direct bribes or by becoming his 

r purposes of robbery. In this way a brief prison recognition 

' wIh to the future ruin of the comparatively innocent und 

minated. The system of congregate arraignment in English 

3 be abolished aa soon as possible, 

I Belgian prison which afforda the best means of studying the 

LS of Uie cellular system ia that nf Loiivain, which was opened 

", and has, from its foundation, been conducted on principles 

e most absolute separation of prisoners from each other, amelio- 

1 by the abundant visitation of caretakers and instructors, by 

rfol industry and recreative exercise in separnlc garden yaids. 

'£it«d this prison a few months ago, in company with M. Ducpe- 

) able and worthy successor, aa chief inspector of Belgian 

a, RL J. Stevens, who was foi' seven years the governor of tho 

Uishmcnt. At the time of my visit, there were BOO prisoners, 

i itn^orant of each other's faces and careers as if they had been 

" ' 1 aa many sepitrnte houaea. They were chiefly occupied 

weavers, shoemakers, bookbinders, and carpeuiera, the 

the smiths having cells of double siie to accommodate 

1 or fopge. There is n trades" instructor for each bianch of 

Htry, na most of the inmates are found to be iguoraiit of any 

"l on entry. The warders are mostly conversant with some 

kd are selected not (as is too frequently the case in England) 

t ranks of old aoldiera, but on account of their experience 

^practical qualification for their special occupation. 

'any prisoners have, witJi pcifect health of mind and body, spent 

1 or nine years in Louvain prison. I saw and conversed with 

6 of these. The one who had been longest in tho establishment 

i « young man, aged twenty-seven, who had been in conlmuoua 

•ration in his cell for nine years. His crime was incendiarism, 

t he bad been originally sentenced to death, which penally wus 

ted to one of twenty years' imprisonment. But inasmuch as 

igian Legislature has, since the inlroduutiou of the cellular 

, reddced the scale of all sentences, his term will be rather 



270 The Celtutar System. 

less than ton years altogether. He had three months more to mti 
when I saw him. Whilst in prison he has leamt shoemakiu 
writing, reading, and the French language (having probably o^ 
known Flemish before). He has earned nearly 16/. for his nun 
discharge, in addition to as much more with which he has purehaaal 
food of a better class than the repulsive and scanty fare sappBed 
gratis. In addition to this, he has earned 40/. or 50/., or more, kt 
the State, towards the expenses of his maintenance during his tern, i 
The deputy-governor remarked of him, " He is now a very good 1 
fellow!" 

I saw another prisoner there who had earned for himself as mtA 4 
discharge money (16/.) in the shorter period of five and a half ywn. .1 
His term expires in six months. The officer remarked, **Heiift ^ 
very good man ; he will not come again !** I 

And certain it is that the comparatively large sums of moMr ^ 
which the Belgian prisoners can earn (although theTalnationof fav J 
labour is, as a punishment, much lower than its real worth), caoii 
many of them to start well and easily in permanently honest carBM^ ! 
and in a much more effective manner than the eleemosynary liid 
smaller help of discharged prisoners' aid societies. 

So far as I have been able to gather it from a number of some- 
what varying statistics, the average net cost of each prisoner it 
Louvain, after deducting the Government share of his laboor, ii 
about ten guineas per annum. The cost at Ghent prison is widui 
a few shillings of the same. Hence the direct pecuniary resvlb 
of the cellular system are not nearly so considerable as those of 
American self-supporting prisons, and hardly equal to those oft i 
few of the better class of English prisons. But the indirect gn 
is much greater by reason of the moral and prcTentive resnUl^ 
and the shortened terms of imprisonment which the system nSdj ^ 
and effectually permits. 

The money earned by Belgian prisoners, and retained till their 
discharge, is never forfeited, even for misconduct Once earned it 
is quite secure. I was told that they very often send a portion of 
their money to their relatives ; thus a parent in prison helps a chiU 
outside, or a child contributes to a parent's wants. 

The articles which may be purchased with the immediately dis- 
posable portion of the prison earnings are white bread, cbeeMb 
bacon, milk, paper, pens, tobacco, &c. Smoking is only permitted 
as a privilege to the better behaved, during their hours of exerne 
in their separate yards, where they are obliged to keep in motia^ 
either by brisk walking, by gardening, or by paving with heaij 
pounders. Such exercise as treadwhed work or shot-drOl is nenc 
used in Belgium or Holland, and is spoken of with contempt 

I was anxious to ascertain the effect of the Louvain system Bpc^^ 
the health of the inmates, and made careful inquiries on the poi^JiT 

'PKa nflR^ial af^tiflMAB aVinur an nvoiHiarA mnrfalifv /iratinnt! tl. ttiar ti^.. . ^^ 



The official statistics show an average mortality of about 21 pve^L^ 

t oftla^*. 
tially congregate prison at Ghent, where it is nearly 3 per cent, ^^^* 



per annum, which is a considerably lower rate than that 



Sff William Tatlaek. 



2>1 



3 ten yeara of Loavaio experience (with upwards of 500 inmatea, 
"le average), there have only been fourteen auicidea aad fourteen 
% of iitiBDitf , tliat 19 to Boy, less tbaa two per aunum of each in 

■ large prison. This state of things compares not unfavourably 

*i English convict prisons. For example, at Portland prison 

were, lost year, with 1500 prisoners, sixteen deatlis, four 

ipled suicides, six cases of insauity induced, and 401 meu 

I under the surgeon's care for accidents. At Chatham last 

r (1669-70) the surgeon reported eighteen deaths, out of 1400 

't, 970 admissions to the infirmary, 31,849 "casualties," and 2S2 

ideots, " a large proportion of which " are reported as " of a 

Hoas nature." 

^he crushing slavery, debasement and contamination of some of 

\ English convict prisons, e.ipecially Chatham aad Portland, are a 
ional disgrace. One of the first remarks made to me by the 
mly governor of Ghent Prison, was " The English convict 
Rem is worth nothing — worth notbing." Aguin, at Amsterdam, 

I venerable iM, Suriugar, who for forly-seveo yeura has been 
bnect^d with prison management, spoke with grief and contempt 

Vttie British system. 

IId the Belgian and Dutch prisons, the inmates are treated with 
leh more respect and Christian consideration than in our English 
iTict prisons. The very important element of religious instruction 
'» appears to be resorted to on a moie extended and more kindly 
k. In visiting the female prisons at Brussels and Antwerp, I 
md the women wholly under the care of religious sisters, in the 
)p<rtioD of about ten sisters per 100 women. In our own country 

II tiie experience of Elizabeth Fry, at Newgate, of Sarah Martin, 
^Yarmouth, and of tho Catholic Sisters at Dublin and elsewhere, 

I proved that even for the most unmanageable of all criminals, 

"raved females, the best and only source of hope consists in their 

night by sympathizing religious women. And. in short, in all 

DS, it continues to be .verified by results, despite all the sneers 

I cynics or sceptics, that " ihe Gospel is the power of Gfid unto 

UnOoD " even to the most hopeless and degraded. 

f A principal defect of the Belgian prisons is the absence of pro- 

' m for the voluntary visits of religious or philanthropic persons. 

It than the appointed and regular prison mioUtera, In some of 

t Dutch prisons arrangements for such systematic visitation, by 

Hlicioos persona, are a praiseworthy feature. This voluntary visita- 

bn by Christian individuals or societies has been perseveringly 

eated and promoted by M. Suringar and other Dutch philan- 

npists. This feature constitutes the most noticeable difference 

between Dutch and Belgian prisons, and might with great advantage 

Be ezientirely adopted in Great Britain. 

The titnelils of such visitation have also been found to be very 
|rttt la some of the American and Italiau prisons. Mr. Jonas, the 
[ governor of Newgate Gaol, who remembers the systematic viaita- 
\ ^tiii u( Mrs. Fry and her stafi* of companions, declorea that those 



3 



272 The Cellular Syetm. 

Tisits did not interfere with the discipline, whilst thej were tsij 
usefal to the prisoners. Anj cause of complaint on the part eithir 
of the prison officials or of thq visitors, may be with adTtntui 
referred to the common medium of a magistrates' committee fil; 
decision or attention. 

Sir Walter Croft on informs me that the London Temperanai! 
League have recently solicited his aid in procaring admissioQ into 
some prisons for their lecturers, to address the inmates on the erikof,. 
drunkenness. Such lectures could hardly fail to be of great serviM^ '\ 
and it is satisfactory to hear that at least one body of magistrates^ it '; 
Wisbeach, have opened their gaol to these useful emissaries. !' 

A few words may be added relative to the Ghent prison. Um J 
establishment of 1265 inmates is chiefly conducted on the Englidi i 
plan of silent congregate labour by day, and entire separation \n, | 
night. But it has this advantage. One wing of 158 cells is maosged \ 
on the cellular system of total separation from the other prisonen^, "^ 
but with abundant visitation by officers and instmctors ; hence 6h«t' « 
unites the cellular and congregate systems. Those prisoners wb: \ 
abuse the latter, or are detected in communication with others, in' ' 
transferred to the cellular department for a time, or permanently if 
necessary. 

Ghent prison is, perhaps, better adapted for life-sentences thii^ 
Louvain. I conversed with one prisoner who has been confined then 
for nearly thirty-two years, for murder. He appeared to eigoy goal 
health, both of body and mind. He is now fifly-oight years of igsi 
Another prisoner whom I saw had been there twenty-seven yeini. 
and a third (aged fifty-five), twenty-four years. He told me Ui \ 
health was good in general, and he greatly enjoys reading. San^. J 
the system which can maintain ciiminals thus, for life, in health a * 
body and mind, whilst treating them humanely, making them eoib. 
tribute largely by labour to their support, and giving them oppoc^. ^ 
tunity for reformation and repentance, affi^rds at the same time ttii. \ 
spectacle of an abidingly deterrent punishment for murder, and a monj - 
Christian and Christ-like method, than cutting them off in their siai'. 
by the gallows or the guillotine ! But for such life-time prisoner!, it 
is doubtful whether the full cellular system would be humane or 
successful. 

Kor is it applicable, unless with very special vigilance, to th| < 
very young, the aged, or the weak-minded. 

Yet for the general class of prisoners, its effects are at once so re- 
formatory and so deterrent, that the sentences to imprisonment ante \ 
this system may safely and justly be rendered from 50 to 75 peroeBt». 
shorter than those for congregate confinement. Hence another ejf 
its great and economical advantages. The Belgian Legislttan 
has enacted laws, declaring a general reduction of sentences paseei 
during the continuance of the congregate system. For example, an* 
tences of twenty years under the former system are now redneei 
to less than ten years, those of ten years to Six jearSi and thou of 
five to three and a half. 



^ By WUKafn Tallach 273 

Vuttlly, die cellular system, as distinguished from the rigours 
f'the former American solitary system, and as characterised by 
it sabstitution of good communication for evil, and by a much 
{Mster intercourse with officers, instructors, and visitors, than has 
iMiefiO'been a feature of English prisons, presents the following 
If antag e s : — 
;1. Hflnre deterrence than the congregate or semi-congregate 

S. Infinitely more of reformatory effect and of freedom from cor- 
•Oplfaig inflaences. 

8. More economy to the State, or the ratepayers, by reason of 
le mnch shorter terms of confinement necessary. 

4. Less breaking up or rain of the prisoner's family, by reason of 
lorter separation from them. 

;!& A better reception of religious and secular instruction in 
jHion* 

& A greater impetus to activity in useful and remunerated 
■Nnir* 
. t. General exemption from contagious and epidemic diseases. 

8k Greater security from escapes. 

9. Far fewer causes for prison punishment, with entire indepen- 
hnee of treadwheels and cranks. 

. 10. Greater facilities for the observation and prompt detection of 
bMse or insanity. 

11. Protection to the prisoner, on his discharge^ from future recog* 
fikm by other prisoners ; and 

12. A greater eligibility for employment and a far more effectual 
{HUfication for a career of honest usefulness. 

But, inasmuch as the best of systems may be liable to the worst 
hne if not rightly administered, so the cellular jsystem, to be accom- 
inied by success, as in Belgium and Holland, must be as vigilantly 
id unceasingly guarded as it is in those countries, against the neg- 
Kt or mistakes which would convert it into the rigid solitary system 
Hi system as evil as the other is good. 



% Hie Same. By Rev. John Field, Chairman of Visiting 
Justices of the North Riding Prisons. 

f tiie legitimate object of punisliment bo the prevention of crime, it 
be evident from published cnminal statistics that the penalties 
inflicted giievously fail — ^that their lawful purpose is either pre- 
ntod or counteracted. The former occurs when sentences are passed 
pon offenders which under any prison treatment-^and especially 
hen labour, whether productive or other is enforced — are too short 
deter from crime or to correct the criminal; the latter because 
e nature of the punishment is itself faulty. Long observation has 
nflrmed my opinion that imprisonments of less than three months 

18 



274 The Cellular St/stenu 

are a moet fruitfol source of crime. It is not difficalt to aooc 
this. No expectation of reforming the prisoner is entertaii 
little is attempted, the means needful being withheld, 
liberated, he returns as a degraded convict to scenes of Tioe 
soon seduced by various temptations which he has neither the 
nor the inclination to withstand. I do not plead that a sent 
more than three months* imprisonment be inflicted for ere 
offence. Rather let a warning without punishment foUon 
such ; and I would implore brother magistrates to act more fre 
in accordance with that clause in the first section of the C 
Justice Act— the insertion of which I thankfully obtained wl 
Bill was in committee — ^which empowers justices, if thej 
proper, to dismiss the offender without inflicting a penalt 
course, then, an increased or cumulative punishment 
awarded in case of anj future offence. 

I hope I shall not be misjudged a stern advocate for seve 
as a presumptuous censor of my superiors, if I express an c 
founded upon careful observation, that, in many cases, the sei 
now passed by judges of Assize and by other magistrates in £ 
are much too lenient I have here a list taken from the u 
calendars of a county of all the recommitted prisoners tried at ( 
Sessions during the last four years. 

From this list I strike out those who had been only once 
convicted, because strong temptation, or some accidental c 
stances, may have caused a single relapse into crime. Then 
beg attention to the first hundred here described. These, 
aggregate, had been in gaol 898 times — an average, witl 
smallest fraction, of four times each. Now, of these, only S< 
last convicted were sentenced to penal servitude, although j 
than 56 had been twice or more times previously convicted of 
It is also remarkable that in the case of 29, the subsequent ] 
ment for felony, instead of being augmented, was for a short 
than had been awarded on their previous conviction. Now 
and magistrates are — and I think wisely — entrusted with co 
able discretionary power, but I do hope that, at no distant da 
discretion will be so regulated that a sentence to penal serviti 
seven years shall in every case bo passed when a prisoner is 
time convicted of felony. If there be circumstances which 
justify a mitigation of such penalty, let there be a recommei 
to such effect to the Home Secretary, or better if some wei 
ciated with him for such purposes. In these rare instances, t 
cedure would be similar to that we commonly pursue on con« 
under the Excise Act. 

Surely towards these hardened offenders mistaken clem, 
real cruelty. It may be that they have been made inca 
through ill-judged treatment when they might have been rec 
and so we may ourselves be responsible for much of their guL 
their early liberation must be forbidden, because alike ioja - 
themselves and to the community. If a patient afillcted wi 



ktrOA disenss ehouM be dlsmiBsed from lioapilal Ijoforn time lioil 
tloi'^^ for bia cure, w« should expect his own relapse, ami that 
rootA be infected by intercourse with him, especially ahonld 
fnong those predisposed to euch inrection ; bo the untimely 
^ oi tbese moral lepers, their return to old hannta, to vii^juus 
1^, ond to others innocent, yet inclined to evil, must almost 
s^d «t once, bo followed by tfieir relapse into crime, the con- 
y^% of many, and the consequent tnullipllcation of otfendera. 
0fxer which I read at a former Congress, I deprecniei) the 
,f Xjord Carnarvon's Bill, which has now become the law for 
l^'K'ion of our prisons. The Act was founded upon the 
Ix^t crime would be prevented by increased punishment, 
Q^^ins of reformalion should be diminished. Compulsory 
o«ar WB8 the proposed deterrent from crime. The Act pro- 
%, che Ireadwheel or the crank, ingtrumenti which wisdom 
^O ily bad cast aside, should be rc-constructed, and that toll, 
-^as^pi^dnctive, should bo enforced during the first three 
,f iEapriionmenI : and thus the eiTurts of chaplnins and in- 
s^ve countei-acted and rendered aborlive at the very time 
p^csially repentance and amendment of life might be pro- 
^3mitBadi injudicious treatment, whilst preventing reforms 
, 41»r less punishment than would lis the corrective seel utinn 
t^lt with suitable employment. I may remind our noble 
iM. *' "'"' visits to our priaon, when numberless wretched 
^ -^vlio had passed through that llrst stage of punisbmL-nt, and 
>r^ closely confined to the cell, begged that they might re- 
trendwheel labour rather than endure this more severe and 
Intary discipline. Such appeal-i strengihoned my conviction, 
ong ohaervntion had produced, that such aulitudo Is far more 
tl to criminals than any toilsome labour, nud therefore more 
to <]«ter from crime. But under Ibc present system, all 
n sentenced to hard labour for three months or lns4 are 
I (o the depraving influence of the Ireadwheel and di^prived 
I subsequent correctional discipline. Hence very few are ro- 
ll ftnd uumbers from time to time return to prison. 
I not hesitate to affirm that the recent Gaol Act U a fatliiivh Snd 
tlie returns of nearly every important gaol in the country 
ntion of this statement. The number of commitments and 
aitmertts has increased in a ratio far exceeding any iucrease 
ilatioti. Thus in I8G0 — tho year preceding the operiilion of 
!t — the number committed did not exceed 139,236; since that 
lie increase has been progressive, until the last published 
1 Btfttiatics show it to be not less than 1<)8,134. The gradual 
Mt increase of those recommitted is yot more remarkable; for 
" in tlw former year they were but 43,964, they have risen 
98 In the last. Looking to particular prisons we learn the 
!salis. Let me read a few lines of a report from the large 
Wverpool: — "The treadmill has now been sufllciently long in 
'**> 'or its effects to bo felt by a large proporlion of our pri- 
18—2 



27fl Tlie Cellular St/Btem. 

soners, and for its influence and conseqaences to presdnl llieBU 
The recommitments of those who have experienced its BeTerit] 
been progressive. They have accumulated in the last quarter 
official year threefold. Of the recommitments in the Sept 
quarter, of prisoners who had been in custody from upwards i 
to upwards of fifty times, 43 per cent had previously undergm 
punibhment of the wheel in this gaoL • . • Since the pan 
the Gaol Act in 1865, the proportion of recommitments has ] 
increased. They have advanced from 50 per cent, to 65 per ec 
1870. The recommitments of males who had previously nikk 
the discipline of labour of the most penal kind are 1256; in 
they numbered only 613.*' 

1 have obtained a return from the gaol of the North Bidiog 
prisoners committed, and of those recommitted, during the five 
preceding, and the five subsequent to, the introduction of the p 
system. This return shows that the increase of both during the 
quinquennial period has been enormous. Thus the number com 
in the five years previous to 1866, was only 4060, when 
the following years, we have an annual and progressive incra 
more than 10 per cent., and the number is 5419. Therecommi 
are still more remarkable — they have increased during the lai 
years, 50 per cent. ; the numbers being 743 before 1866, and 1 
the end of 1870. But there is a still farther striking and initi 
fact connected with these statistics. In 1863 a portion of tl 
Boners were subjected to more strict seclusion in their cells, ai 
work given was done in solitude. The advantages of thb pha 
evident, and during the two following years all our prisoners 
thus treated. Mark the results. The recommittals were lu 
reduced more than 33 per cent., and a gradually decreasing rsl 
continuous until 1866, when, on the reintroduction of penal 
for several hours in the day, performed out of the cell, thei 
mittals again rose progressively to their former proportion, an- 
since that time exceeded it. During the years 1864, 1865, 
punished by close cellular confinement, the number committe 
only 1G67, whereas during the last two years of treadwhed 
the number was 2415. The recommittals present a contrast w 
think should claim yet more attention. Those during the : 
period were but 254, whereas in the latter they were not les- 
680 ; as at Liverpool, nearly threefold more. The result s 
though in one case a town, in the other a rural district. I 
forget that increase of population may account for some of 
committals, and that photography has been a means of detectia 
old ofifenders, but the number thus accounted for is very small 

The causes of such adverse results are apparent ; the reeen 
Act, whilst containing some judicious provisions, yet fails to p 
equitable or adequate punishment, and the punishment wt 
enacts prevents improvement of character. Instruments of t 
often instruments of torture. There is no adaptation of the { 
ment to the character or crime of the convict, but its ei 



By Bee. John Field. 



277 



J*ApemIentonliUcondi[ionofbody. Hence upon tLe weak hqiI 

OviCher more than on equitable measure is inflicted, or, liowever 

a ibeit crimes, tlie watebful surgeoa of the prison will exempt 

3 from sucli punishment. But tor tlio able-bodied oiid hcnltbful, 

ion f<*'' f'giit or nine hours in the day, with iulervnls of rest, is 

tSeient punishment. We call it hard labour, but w« do not, 

aol, 'whilst preserving the health of the prisoner and observ- 

y goal arrange luentA, inflict upon him such lubour and 

^ A shdil moke his day's work equal to that of Ihii every- 

our of the honest, liardworking miner, the ploughman or many 

,XM- There is nothing deterrent, therefore, in the mero labour. 

ye lionestiy I must work tia liard, ayo, and upou eaar^er fare 

■BO sbelter, tUun if I steni, and nm unlucky enough to be 

t «»ud scut to gaol." Such, as respects the labour per w, 

, tbe soliloquy, or the coiTupting converse, of men evil disposed 

iiip£«(1 to oifend. But we are reminded that this labour Is 

catl unproductive, and that in this oonsists the sting of the 

If not hard it is irritating. Unquestionably it is so ; and 

D pr-oponiou to the irritation thus produced is the impi-obubilily 

sfoniuitioa of the criminal. The etlbrte of the cUaplaiu and 

ti* are frUBtrated and futile. The prisoner is treated as a 

Bcl whilst his manhood is debased, the mahgnity of a flend is 

le of the earliest and mast earnest advocates of the separate 
aeDt of prisoners I deeply lament that recent legislation has 
1 much of the good which suoli imprisonment was calculated 
- I oSiciated for many years in the Urat county gaol con- 
. Tor curriug out that plan. The system therein pursued was 
a ns a punishment, labour as a relaxation of such punisk- 
ud mornl, religious, and mental instruction as the means of 
tction. This system was really preventive of crime. In oon- 
t writh the plan now iu operation, the number committed and 
recommitted constantly decreased through a series of yeai-s, 
I may coulldontly point to its result as far more successful than 
e of any other system that has been pursued. Grod ^nint that 
' legislaLioa may restore the like ! 



>" ^tter. W, C, Ojboksb (Bath) tbouj^it our pontinratal uoigUbour.i lind but 
'■> tCBtoh us on the subjoot of prisoa disoipUno, beyond what wb had alrandy 

* frutu tlio principle propounded hy Mr. (Jrawford and Mr. Eiuwll, in 
""i aubspquent jenra. The ecDarata Bvilem workud well \a most of our 

id be believed it< ojlerstion helped to diminiBh tlie number of rocummittiils. 
*", hoireter, > lendsncj to i»rr^ s good b^ steui too far. lord Pnlnieraton 
> iM eonTJut ought to be kept in separate oualiiiMiient tor a langer period 
■■ mimUie, Lboueh tUe term of his sentencie might be no leu than terra or 
»rt«m jmre, His own ejperienoB as a priBoii chaplain conDmied tlie 

* or tbiil prinoiplo ; Lo believed the good eSects of the Bjatem worJd be lort 
"*~ ■- n lastou beyond nine montlia ; indeed, to ensure those good effocM, 



278 The Cellular Syeiem. 

it might be deemed odviaablr, in some caies, not to exceed six montW io| 
tioii. lie roiideiiined the silent congregate system, because it placed conTi 
unnatural condition, presenting temptations which but few of them could 
sliown by the number of prisoners punished in gaols conducted on thai 
With regard to the tren<l wheel, wherever it was introduced, the lerfioe 
chaplain were next to useless; for, notwithstanding the numierout pn 
suggested by tlio skill and experience of surgeons and goTemon, exerev 
wheel Poureil the mind of tlio convict to such a degree that he was i 
incapable of recc'ivinpj religious instruction. In some cases— one or twow 
own exjwrience— the wheel inflictetl serious bodily injury, which ou^t 
be the result of prison discipline. The machine jtself was entirely unpf 
as a iiicins of labt^ur, and he held, as a fatal objection to its use, that it fa 
reforming agent. 

Mr. Cf. 11ltr«t (Btnlford) nlso condenmed the wheel as unproductive, eg 
and altogether useless in tlie reformation of criminals. The govemoi 
prison he visited took occai^ion to boast of the groat saving this machine 
but on inquiry it was found that altliough the treadwheel there did a deal 
its ()j>erationH niniply consisted in throwing down water and bringing it \ 
That was cnllccl great economy. Tn the consideration of questions o 
discipline the aim should be not so much to punish as to reform the • 
None were so utterly bad as to resist any instructions or improvement i 
The limit of three months as the smallest punishment for any offence w 
answer, as a rule. There were many offences, for which a few days' imj^ 
would l)e ample punishment. But with regard to any degree of punii 
great mistake M-as now made in not re(piiring the criminal to do some kin 
ductive labour, however brief his incarceration. He maintained th. 
offender should bo so employed. When the treodwhoel was deecribed ai 
rent, b<»ing an objiHit of reptilsion and dislike to the criminal, and put \m 
on that account, the oitender was supposed to be more sensitive than the 
of men are ; for knowledge of the criminal class showed that it was ■ 
gratification when they saw that those who punished them were put to 

i)eiise, without obtainmg any return from tue labour of the offenders tb 
t was generally held that the degree of punishment ought to increase 
frequimcy of committals. While admitting much might be said on that 
attached greater importance t4» the effect of the first punishment, which " 
rally for *<a crime of choice,*' as it rarely happened that a man was n 
driven to the (Commission of his first offence. In order tliat he might be 
employment the moment he quitted gaol he should be taught to wort 
trade before the expiration ctf his imprisonment. Failing to find hcmest 
inent at home, ho might be assisted in finding it in the colonies. Whatei 
be argued in favour of the silent system, the criminal would certainly g 
his old haunts and habits, unless ho were first instructed in some honest a. 
nerative labour for his own maintenance after taking his leave of prison L 
Mr. Bakwick Bakkr (Gloucester), as a visiting magistrate, who had ' 
the working of a system based, more or less, on the principles advancff 
Tallnck, in his ])aper, desidenited for towns the adoption of rcgulatici 
had the effect of preventing the recognition of one convicted criminal \r 
i)\\ their leaving gaol. In Bristol, where thieves were accustomed to meel 
frequently, such regulations were necessary ; indeed, they were enforoec 
that the nmtual recognition of released prisoners from the same gaol, witfe 
of their discharge, was rendered scarcely possible. In counties, however, « 
population was scattered over a wide area, he did not think prcventif* 
of that nature were required, as the probability was very slight that 
fellow-prisoners would meet each other in the whole course of their live 
regard to short terms of imprisonment, he had himself advocated opinia 
differed from those stated by Mr. Field and Mr. Tallack in their respeetiiF 
and he was happy to be in a position to inform the Section that the Fsgw 

Eroposod on the subject hod met with the approval of the county Beodi, 
sat, and had been first arlopted in Gloucestershire as a geneml ■ 
proposition was that for the first offence, whether for stealing five ihiUiH 
pounds, the punishment should bo ton days* imprisonment, care bdn^H 



» th« 



lU liaFc to auRvr » leret 

._ ... -BMu yews' polLee supm 

if & Ulinl ufFaniui, reran jeun' pi^nsl urvitudo. ( 
Piald. Wlieii lie m>il tiiie rule wun CMU'rally adopted i 



I ilid nut wlali Ihe Saciion Ut imdi>ntijvnir llml ii 
(li.ni i>r.Tp H few iiiiiKi-l'iilPi who noted on the old ayitain 
''" " - ■ - i that ilia Irtadwhoel wiu a vm] 
'<• work M, uima tnida. lu omi 
I H-niild bo (Inae t^ any aUenipt tl 
iLiid itltliiiugli he luul Hen a 
I i ■">(.■ tlwir Mijtrniio. lie very n 

hen tliey wont into the ir_. 
idly happened that men Dceiutflined to oohoultiu 
i (MtsutiMion, thoueU tJwj twd Inirnl somo o£ar in IJ 
nted uint a ucnnd utfenra wiu leu ■ sivn lit vitieAnt^M 
■•nabodj tfiiuld Kite II hiaii empl(ijin«nt if Lielud been£|l4 
noa ttwi alliiuMiier ilitfi-mnt; fur tltu inanf hundnds kffl 
t ■inploymvnt niVer their diaeliarii^ with compnratiri? mm, eioeptf'l 
s of diittculiy. But wliut occnrrcd in Lon^i^iV 
- 1.1 iiiiit'}i iii.iri? vmIiw [kim lii" ciperidiM i^S 

■■.■■.■"!■ i|>.>'i»iu>dii«9 
■.I.. ii)obt«ii 

.i..d been B, 
-'ti>n booktVil 

tre diKbornKii uUugotbrr, and nltJiciiigb it nemi^'J 

If tlio bulk of tlut number to return tn crime, it wu ubiurd ttf ■ 
d hunoat work for Ihciii. Jiut there woa liii* proTiifiil 
iiuriwlj, tliM. hr witiild lind pUau for thane nten wiMhj 
n. nndwhu Bud thej could not get work elacwbera. iit|Vl 
d been thruvn oul every [irifoiicr in Coldlnlh Fields, BuUuH«|lf 
A wiU M Uwio in Maiditonu Ciuol. wne ukni bf the chaplain a 
mti «bkl hn would bu obla to do when bo left the pri«an, and Ul 
ja^ ianriably to tho rifoat, " Ob, luy old father." or " old nwHw," 
b And mo wtirk in do," Ilia olBcsr unokinn the inquirj mule a nota 
n vlu) oouU not giie auch itn nnewor, lUkd tlw raault ww that of 
n vhn ieff prison in the roorse ot tho year, oolj about TOO 
I,, ,„.,...a.xl fur tiii'm. oil the rest bring in » powtiun to 
I <licir friends. 
. Iiiiring visitud Ilia onola ioatanced hj Hr. 
■..„;,„„( ,.,...^i„„ .0 the odmirabla 



O priKMion T 



' beeo made of tho priaon ol Ciitogne, whaKf ^ 



Nv entered the world ignin. Willi n^..„ 
iir borough iknd gounlj' gaols, that wh donoH 
lit' wliiob would only ruwlt in ultor Iiuliu 
II jiclou cboroator of ro-comaiittad priaoot 
' Mg them loioc tr^e or other, which tlicy nigk 
r^e. Hit duiiht many prisoner! wont bank (li- 
ving lo ieoro guol drnsoM In Iheaune TrI "hwt ^ 
-< i1 it. At the prison wiUi which he woa hiiBrfl 
iriniple of tliii leudeney — afl«r aerring soinf.V 
I'i'd oTBtj disponilioti tluit could be desired tm-m 
r<> lead on honoal life, but on eoonsr were U|~ 
:: the old aaaoointiooa. *o liridly suggaatad 1)_ 
:M:». tiHik ^>ii»>Ttid liiild of Lim, drew biio lo his nccuiiouuid bounta, 
III apirit of defiiince lu tiio law. It niu nlso well known that 
• been in prison, he uouldamrue]; ersr reinstate hinuelf in the 
^*4ASk Wociwiiied before be woe prorcd guilty of diBhuoeat;. Here uod 



280 The Cellular Si/stem. 

there a few instancefl occurred of dieoharged prisoners being talceii 
Borrico, through tlio exercise of much influence by those penone wh 
tbcmselyos in behalf of promining subjects ; but to say tnat a man 
prison to the labour market could command employment as an honeit 
command it, was an assertion entirely unsupported by daily ezpenenei 

Sir J. Fakinqtok, Bart., M.P., desired to say a few word* to tbe 
this important, interesting, and yet difficult question, which of late 
considered so closely as he was wont to do when he was himaeU 
engaged in the administration of the criminal law. There were two % 
discussion to wliich he would refer. It was argued by one of the sp 
in order to attain the ends they desired, no imprisonment should csee 
of three months. Tliat \m» a principle of which ho could not app; 
was one which he did not think could over be adopted in its full ex 
Legislature. Were any Secretary of State to ask Parliament to ezpresi 
that the administration of the criminal law would be improred by ex 
no man, however s]i<;ht his offence, must be imprisoned for a less ] 
tliree months, no doubt Parlianiont would at once refuse to adopt a la 
as could only end in the escape from any punishment wmiterer 
proportion of oiTcndcrs. Another point to which he desired to adver 
ence to one of the greatest practical difficulties connected witli the 
difficulty which neither of the papers appeared to solve. Asauming 
body concurred in the advantages of the separate system, how was the 
of the criminal to be carried on after the expiration of the nine montl 
ever period might bo deemed safe for separate confinement? H 
admiuistration of our law luid become milder for years past, both in re 
nature of the punishment and to the frequency of its infliction, and it 
that the milder the administration became, the more neceesary would 
of secondary punishment. He did not apprehend much difficulty in c 
the comparatively light offences wliich a vast numerical majority < 
committed, bift wnen we came to consider the necessity of inflicting I 
of punishment for graver crimes, we had yet to determine how a wi 
system of punishment could be satisfactorily sustained, consistent wi 
ciple of entire separation. [Mr. Tallack : It is done in Belgium.] 
Tallack*s proposal would appear to be that, whatever the period of im 
separate punishment woula be quite practical. [Mr. Tallack : Nol 
present system. Tiie system adopted in Holland and Belgium impliei 
of prisoners from their fellows, and not from officials, chaptuni 
religious instructors, and the like, with whom abundant oommuni 
permitted for the improvement of the prisoners.] He was ha| 
Mr. Tallack's remarks on this important point, because we should be | 
country to borrow any improvement which the Belgium or any o 
might suggest so as to enable us to carry out, satisfactorily, a ioii| 
imprisonment, without inflicting injury to mind or body. The syitei 
by Mr. Barwick Baker, who had given an assiduous attention to 
during many years' valuable experience, appeared to be the wisest aiic 
events in rejfnrd U) the great- majority of crimes. 

Colonel Of.DFfRLD (Ticehurst, Sussex) observed that prisoners mi 
their own clothing with the money they could earn under the Bel| 
described by Mr. Tallack. With reference to the incident related br 
he suspected t hat many of the prisoners who said they could get woilc 
only pretended they could get it, rather than take work offered to tl 
this supposition was correct, in all probability those men did not real 
honest labour. The cellular system was especially adapted to short im 
in the case of young criminals, who would otherwise meet with no 
whatever ; and as it was highly desirable that such a numerous daas i 
should not be allowed to escape punishment, however slight, he 9a{ 
two or three days' cellular conflnemont at the police station under the 
superintendent, miglit be found to answer the purpose much better t 
juvenile delinquents to gaol. He would hold parents pecuniarily m 
loss or damage occasioned by children trespassing upon, or setting fire 
and he, therefore, suggested that wherever such ollcncee were proved 



281 



4 upon tlia paninlj, a rule vbiob, 
I dJainiiliing tha number (it oum 
brguudiMiB to uoinmii niinibief. 

'r. W. L. Bt>Bi<itioii (Weal Kiding Prison, WokeJIeld), remarking ttint the qncf- 

of prodaetiTe Inbaui in prisoiu wna beooming inore ami lu'iro (liffldiill ever; 

r, dnirol la correot a piiblubcd atuUiiiieiit made b^ Colonel Bcrcafonl. M.P.. 

~h*ae <n!cu]Kted tu jultleod. in reference to ■nnl'Qukmg iiC the Wakoflelil 

. Oolonol Sfntlntd lind ]in)l«Gted, on behalf of hontit luat-uinkon, n^inat 

~'T* Ittbour in gatAa, as commling unrairlj witli the tiada ciutsiile, nnd ro 

diHlrew Hiiong noriipeople. Freauming that iDch b stabiuieut oould 

• been proia{it«d b; fiUe inrommlinn rurniihed to tbe bon. momberi a 

id himfelr niiid« inciuirj, nnd found tbe manurocturies the; viailod in full 

a, ejoepting foino cane; irbere tbe week'i vork bad been broken b; a itnj 

'" — mnueiue of tbe ab>ence of inlomperale workmen. Not onl.r wos 

ut the ngfs rulud oa high »a tbe; Iiad bftn for ;mre poet, nithoiit 

duDlioa hsTiog token pbtce : bo Ihnt he and bia friend prored that tbe 

i]> in tlie HuuM> of CoiDtnon!, that priTute manufacturera euflernl b; 

on of priaon labuuri wni quil« erroneous. W^eGeld now hod tiiD 

1 t»do in KngUnd; about lOOO prisoner* wore oniploycd in pro- 

r ; Mid in order to be independent of tbe liability of not obtaining 

uiufaoturera oulAJda — vhen. for tnetance. a change for tbe wont 

ir markM — lbs nutboritioatheiDBetTea became mnniiru^turcr*. 

i>l, >nd a regular eCnll of well-akiUed officers who cnnduoled 

d the prieuoen in tbe acquirement at the trades carried on, 

^ It market, and sold in the beat. Care wni taken to put the 

nto IhM kind of work for wbiob the; were beet fitted, or b; wbiob the; 
n rouab aa the present Act of Parliament permitted tbem to earn 
oOBt ut their main ten anre. But for the proiisions of thut Act, a 
m would at inice earn 12a. a week. Instead of that, oiie-tbinl of the 
mprieonmvnt was woated on the unproductiTe trcndwheel, notwith- 
Iglhs dendemtuin tbat prison work ahould always be mode producUTe. 
'jRtitrm Si-BBLina (St. Ivte) augge^tcd that sniall gaols, o( wbieh tbere 
r in bis count;, witb nn arerage of fort; or Itft; priaoners, might tdit 
Im MMMontrated into one for all practical purpnaei. ^o long ue imoll gaols 
1. instf uctora for separul^ tradea would bo quite uacleso, btiuiuae tberc wne 
'-- -■ emplojoiunt for theui tbero. All thot could be done was to iitiliia 
r fts he nune in b; giTine him work to do ns n brloklnjer If he hod 
ui; followed that oJUng. or tearing if he were a tailor. While ncroeiiig 
It of tiia fBOomraondfltiona «ubinitl«l b; Mr, Toliack, he felt the force of 
« tile rest, nomelj, that well-behaTed prisoners should bale a ■horo of 
■tiblf earned in prison b; produdire labour. Although his own oxpsricnce 
1 .....|^ ^^ amaller olosa of gaola, be bctiered timt more might be 

,rlaincd what he meant when he said 
t under three montlis. Instfiod oF do- 
tbe magistrates ahould meet ererv crime witb that sentence, he 
n Hmplj to exercise the power he bad under tbe Oriminals Act of 
tbe offender for l^e Snt trJTial infraotion of the law, or exen for the 
noo. bat in the eient of a ro-coniiotion, ho ahould inflict a cumulatiie 
t of not less than three months' imprieonment. The plan adopted in 
Lsous of allowing the prisoners to work during a greater portion of 
■ndalso to rereitea ehnreof what the; earned, did [lot appear to haTe 
i effect after all, since olmoat ererj released prisoner returned to orime. 
lot (or this result b; tbe fact tbnt constant occupation killed time, and 
crimlnalB Uy banish reflection, whieh might otherwise prepare tbeir minds 
ioua iatruolion, so tbat on quitting prison life Ihej rolapaBd Into erinio. 
le result, or neaii; so, took place at tbe great prison at Perth, which, 
admirabl; oonduated, might be said to be a great mauufoatorj, where, of 
ilojed, about 80 per cent, went back to criminal pursuits, nolwithaland- 
lad been kept in separate conflnement for not leea than twelve months. 
tl«ction required DOoBrmation uf the obstnatione nude in bis paper, he 



■■ oiinneetAd with u 



283 The Cellular System. 

need but refer to one of the best-conducted pritoni in England, nai 
BirmingliaiOf where 1*J15 out of 2277 priioners ]ast year were re-eom 
also found that of iyi^'22 prisoners committed last year at Wakefield, m 
f*UKi>'( were re-committed. lie maintaineii tiuit theae examplee su 
statement he had made in reference to the defects of the Belgian fjil 
tlie cellular system, tlie more heinous offenders ought to be kepi in • 
flnement for a period of not less tlian twelve or eighteen mootlis. ' 
tion was carried out when 8ir Joshua Jehb was Director-Oenen 
prisons, and wan found to work satisfactorily. In cases of trantpc 
Crawfonl and Mr. Kusscll so strongly urged that the convicts sfaoul 
Hoparato conflnemcnt for thst i>eriod, that their recommendation ^ 
But a change was introduced under the direction of Sir Joshua Jeb) 
was limited to nine mtmths, and the cr)ni>equence was a remarkaUe < 
in the c<mduct of the convicts, who created riots, and seemed incapaUi 
any improvement whatever. With reganl to the use of the trcaawhe 
lain of the Liverpool ^aol informed him that of 312 men at one ti; 
treadwhcel labour, only 110 were nhy!>ic4illy able to undergo the puni 
this was the case in every priiion, the tread wheel was surely a niaciiinc 
objectionable character. 

Dr. Wi.NEs (Commissioner sent by the Government of the Uniti 
organixo an International Prirtoii Congnvis in Ltmdon) aiid be ha 
discussion witli miwh interest and inttruotion. It seemed to hi 
tliat there liad been a little confusion of thought^ if he might my 
the propriety of the duration of a first impristmment was conoemei 
the resolution of which would depend u])on the resolution of a pa 
nnmcly, what was the end and aim of impris«mment ? It was erid 
prisonment might be awarded for one or other of two purpose 
infliction of sufTt'ring for the wrong done ; and, secondly, the amend 
ofTendor, and his restoration to virtue, honest industry, and useful citi 
a man, who had not been previously convicted, were sentenced to 
niontiis' imprisonment for a mere peccarlillo, that was too great a 
unfloubtiHily so, for the object was to inflict an amount of su/Tering 
])ortion(Kl to the offence committed. But if tlie end of punishment n 
the num from being a luul man into a good one, then tlie questic 
])ro])nety of the duration of punishment underwent a complete cbi 
not the name thing at all. A few days prior to his departure from 
was visiting a reformatory school at Hho<.le Island, when the superintei 
an incident which )x)re on the question under discussion. Tnere wi 
had been pliuwd in the institution until he should be adjudged reform 
had stayetl a year, the fatlier came to see him, and was so pleased tc 
improved that he inquired of the superintendent whether the lad I 
punished enough for the little offence he liad committed. "Wei 
superintendent, ^'let us talk Uiat matter over a little. Here is yo 
came twelve months ago in rags — he is now clothed decentlv an^ 
Ho came here ignomut of his letters, he could not read a syllable— 
read his Bible, and has a tolcnihlo acquaintance with religious sub 
ho knew notliing about them before. Ho csme here, not know 
do a single thing in the way of pnxluctive work — now he is all 
gf a trade. After all this, what do you think?" The reply o 
was, "Well, I think you had better keep on a' punishing of mm.^ 
the very point— the aim of punishment! Was it to inflict a oer 
of suffering proportioned to the magnitude or the triviality of the offt 
the end to change and make the oflender a good man, an industriou 
useful citizen ? One supreme aim of punishment or imprisonment i 
events, be to make him better morally, mentally, and physically, in sti 
con8titut«8 manhood or womanhood. When that became the aim, de] 
we ahould come to look upon the prisoner in our gaols not so much m 
punishment and suffering, as a wanl of the State. Here the State A 
and take the ])lace of the parent who had neglected the moral, physio 
lectual education of his child : and the only remaining question, aftei 
be to determine when the improved condition of the priecner gai 



Discuesion. S83 

bii beooming an boneti, industrious, and useful citizen. Tbere were 
tbat appeared to make the reformation of the criminal the supreme 
iahment. One was at Louyain, as instanced by Mr. Tallack m bis 
the other was the House of Correction at Detroit, in the State of 
Jider the superintendence of Mr. Z. B. Brockway. The system now 
LouTain bad reduced the number of prisoners who relapsed into crime 
r cent, to 6 per cent. Excellent results also followed Mr. Brockway s 
though they were founded on the congregate plan ; while the LouTuin 
conducted on the separation principle. 

▲CK (London) said in reply, toat he had described the present condition 
ian prisons, and not tlieir former condition, to which Mr. Field's re- 
ed, when he pointed out one or two defects. Since the period at which 
isited the prisons there great improvements had been introduced, and 
t^ was to dispose released prisoners to seek an honest living ; indeed, 
' I)r. Wines in full confirmation of what he himself advanced in bis 
Sect of the system now in force was considerably to reduce the number 
itals. Wherever the system of rennmerative Ubour had been carried 
16 right accompaniment of separation and religious and secular instnic- 
suits were invnriably satisfactory. Mr. Bobinson bad defended the 
9 of mat-making in prions, in reply to the representation that tlie 
9 of mats in the Wakefield and other pri!>ons unduly competed with 
lers outside. Tliough he would be one of the lost persons to suggest 
manufacture competed unfairly with outside labour, no was disposed to 
importance to what he had heard from the chief representative of the 
in question ; namely, that distress prevailed among them because the 
his country unduly competed with the outside trade. With regard to 
system, he believed nine months' confinement vras too much for that, 
the separate system. 

» confirmed what Mr. Tallack said in his paper with reference to the 
f the arrangements and of the order he had remarked in the Belgian 
I organiiation and administration they were certainly the most perfect 
seen, but at the same time he was not an advocate for the entire odop- 
3elgian system. 

OHMOUTH (presiding) said it was no wonder that the problem of prison 
ras difficult of solution, when we remembered that three principles, 
r years, ago were almost ignored, liod now been recognised ; namely, 
jrisonment, industrial education, and religious and secular instruction. 
1865, though a sort of charter of prison dii^cipline, completely failed in 
those three principles together. The cellular system was introduced 
integrity ; but it was impossible to carry out the system during the 
of imprisonment, simply because no man could bear it. The question 
ed, how could that system be modified so as to admit the two other 
f industrial education, and of religious and secular education ? His 
nee OS a visiting justice inclined him to the belief that the difficulty 
^ met by making the earlier part of the imprisonment rigidly cellular, 
of the starving diet given under the Act of Parliament. The prisoner 
nfined in the cell, without employment, for one month : then he shoidd 
labour to do, and afterwards profitable and industrious work; so that 
of the punishment might be gradually mitigated until the expiration of 
his imprisonment. The prisoners should also be brought together in a 
t was simply ridiculous to expect that any real f^ood could be done by 
a schoolmaster devoting five minutes to each prisoner. In one prison 
me the warder acted as schoolnmster ; and if the prisoners could not 
irder got over the difficulty by reading to the prisoner. That kind of 
illed *' education ! " From inquiries lie had made, be did not scruple 
the education of prisoners was, on the whole, grossly noffleoted in tliis 
id that, consequently, the provisions of the Act of 1865 nad not been 
With regard to industrial education, it was discouraged by that 
lile encouragement was even given to penal education. The Prison 
ct authorised the introduction of chaplains other than those belonging 
eh of England ; but as this measure was of a permissive character, tho 



284 Secondary Puniafimenis. 

sjBtein it inaugurated had the effect rather of Tietimifing the prisoneriw ImI 
year tlic House of Lords passed a Bill enforcing the Act, so that a priest shoald bi 
appointed wherever there were a certain number of prisoners belonging to thi 
Itoman Catholic Church, but the House of Commons rej e cted the measure. He ftU 
])crBuuded, for his part, that as soon a« religious instruction was teoured in aofl» 
plcto form, our cellular system might so be modified as to embrace the snofrfii 
co-oporation of the throe principles he now enunciated. Parliament would Bflt 
jct consent to grant this desideratum, and all that could be done at present wasflor 
gentlemen connected with prisons and interested in their discipline to endesnnv 
to sulye the problem and bring to Parliament the result of their experienee. Bott 
IIouRCB would then listen to the voice of public opinion, and take into constdai* 
tion the valuable infonnation thus put before them. With regard to the propih 
siticm of Dr. Wines, he very much questioned whether it eoula be carried out; v 
rather believed it might only end in the certainty of a perpetual imprisonment ■ 
far afl many priHoncrs were ooneerned, for he could not ignore the fact thtt tb 
greater number of them were quite irreclaimable. At the same time, he felt tkil 
the main and uncontrovcrted principle of imprisonment should bo the refonoitMB 
of the prisoner, and that the application of this principle had long been griefOMlj 
neglected in Great Britain and other countries. 



SECONDARY PUNISHMENTS.* 

By wJiat principks ought the amount of punishment other Moft 
capital to be regulated 1 By Mr. Serjeant PuLLlNG. 

VIEWING punishment only as a part of the system of treatment of 
crime, wo are driven to the conclusion that the chief object to 
bo cared for is that the quantity prescribed should be efficadoia. 
Good and evil we too well know to be equally attributes of poor 
human nature, and as wo can neither put down crime, or stamp out 
evil, like a physical pestilence, we can only resort to that courso of 
treatment which we believe to be the most calculated to keep thi 
disease under — to cure if possible the particular case treated, b«t 
before nil things to prevent the malady spreading. 

Now the object of exemplary punishments being to deter ftm^ 
crime, it is difficult, if not impossible, to hit upon any fixed quantn 
which will serve as a specific ; what will deter one will hafo m 
perceptible effect whatever on another. The mere loBs of chanetar 
is a punishment, deterrent enough to most of us, to keep « 
from criminal conduct, but loss of character Las no terror for thi 
habitual criminal. Unhappily among this class of persons the risk 
even of detection and punishment has little deterrent e&ct, whikt 
wo may assume that the mere amount of punbhment enters littii 
into the thoughts of most of those who commit a first crime. Tb 
dread of capital punishment did not deter from sheep steiliDf^ 
or from forgery, people of previous good conduct ; and the risk of 
the last dread sentence of the law does not even now deter fino 
murder ; whilst we may certainly assume that the mere danger of 
incurring the penalty prescribed for theft operates very littlo to 
prevent depredation. 



• See Trumactitm, 1864, p. 313; 1865, pp. 203, 258; 1868, p. 360L 



By Mr. Seryeant PuUiaff. 8S5 

{Vom this timt mere punialimiiut will not alone 
rime more than the dread of it will servu us h 
Puaislimrnt csn only be of Bervicc us u part of the 
trsfttmcnt nt crime and criminals. To be of any ellicucy 
IRB as a known, rerlnin consequeuce of doing; wrong — not 
; npOQ volunlecr prosecutions, or upon unskilled or cn- 
Doagislrates. but following inevitably, as far as human 
D can present tl, on the heels of crime, and puniehiueiit 
fng (o be felt as a direct consequence of crime to tho 
ibould be made to operate oa fur as po^aible by nay of 
igainit its recurrence ; the criminal being forced to work 
eforai, to give earnest for his future conduct, and to mako 
)r hia past misconduct in the way of compensation to the 
arty, and to the State for the coat his misconduct has 
i. The prescribed puniahment, or pooal coDsequonce of 
the criminal would thus go far to prevent the spread of 
ler. 

ertainty of punishment would effectually be ensured by 
1QS for crime not being led ws now to mere volunteers, but 
Lc prosecutor ; and by such u reform of our Magialmtca 
to produce uniformity and elHciency in the administration 
: also by a diminution of the many quibbles of the law 
1 faoorem vif(r, the old eystem of capital punishments 
created, and which still have to bo weeded out of our 
jnrlsprudenco : and the moral quibbles as to responsibitily 
, which owe Ihcir origin to the same source, 
uttmentof criminals in prison, ameliorated as it undoubtedly 
by modern reforms, should not be left to the capricious 
lent of prison officials, to bo learned only by actual inmates, 
jrd to a system which should he uniformly acted on, and 
ttn to those who may be contemplating a career of crime i 
the term of actual imprisonment has expired, the convict 
deemed under a recognizance for his future good beha- 
i liablo to be called upon for a definite period uFlerwards, 
that he ia leading an honest life. We require to sorao 
a security from those who use merely thieata, and yet 
from the actual perpetrators of crime. 
ist requirement I have made ia, in accordance with Ben- 
axim, that the measure of pnnishment should outweigh the 
ived from the offence. We are in this, as in many other 
very inconsistent. We make the amount of relief afforded 
iper a debt due from him, but excuse the criminal whoao 
I much greater. We refuse to relieve the trader whoao 
contracted by fraud, hut we send out into the world, uc- 
Iho criminal deapoiler. Were the receiver of stolen good! 
if hia obligation to disgorge hia nefarioua gains, the pun 
would be far more eflicacioits as a deterrent than the risk 
unount of corporal puuishment. 
the prospwt of gua by crime as far as possible taken awa; 



1 



286 Secondary Punishments, 

from the criminal, oar gaols would bo less full* We have done aw 
with the old feudal notion of a general forfeiture of ftlmuf pn^Mffl 
but liability to moke restitution and amends for wrongs seemi 
me to stand on a wholly different footing. I would fitsten upon tl 
criminal offender this obligation to make actual compeosatiOB I 
his offence, and on the other hand I would give to the raallj f 
formed criminals, protection and assistance in gaining an hooe 
livelihood by his own exertions ; or, failing this, by work assigM 
him at the public cost. 

Mr. T. B. LI. Baker read a paper on the question, in which 1 
said that the Justices of Gloucestershire had agreed to reconunai 
to their brethren of the county the adoption of a general rule i 
passing sentences for felony, with a view, less to an exact ratalii 
tion of the particular ofieuce committed, than to the preyentim < 
future crime. It was proposed that the sentences should be regi 
latcd, less according to the supposed heinousness of the last offeM 
than by the probable continuance in crime, as shown by prenm 
convictions, aud this to a far greater degree than has been usm 
giving, as a general rule in ordinary cases, ten days for a first ea 
viction, six mouths for a second (with police supervision)i and sen 
years' penal servitude for a third. It was believed that if a m 
knew that having been in gaol once, he was, if again conviolei 
nearly certain of six months' sentence, that knowledge would have 
far more deterrent effect on him than if he believed that his senteiK 
depended on the view that the court might take of the particoli 
crime committed. It was not urged or wished that the rule shool 
be a rigid one, or that it should be suddenly or unanimously acted a 
by all the Bench. The public adoption of it, however, has been in 
portant, as it has given authority to the prison officials and to th 
police to tell a prisoner what will probably be his sentence if agiii 
convicted. Our great object in punishment is to obtain the maximu 
of deterrence with a minimum of pain, and a tolerably definite ida 
of punishment will deter far more than a vague idea that some pn 
ishment will be inflicted which a man always hopes will be sliglit 
One effect which it is gradually producing, which, though of far ha 
importance than the repression of crime, is worth the attention d 
all — but of some counties especially — is, that while it increiM 
deterrence it decreases the ** daily average ** of prisoners. Thii I 
of importance to all — not merely on account of the slight expcBM 
of maintenance, but because the detention of men in an unoatanl 
state at a cost to the country, instead of maintaining themselves iid 
enriching the country by their labour, is an evil only to be borne fix 
the sake of diminishing the far greater evil of crime. But to aif 
county which happens to find its crime outgrowing its gaol, and fa 
dreading to be called to lay out several thousands in additionl 
buildings, it may be especially worth considering whether a deerens 
of prisoners may not be preferable to an increase of cells. The 
writer then quoted statistics of Gloucester gaol to show that theien* 



Discussion. 287 

not exceeding fourteen days " (most of these being ten 
ses) and those '^ not exceeding six months " have con- 
ireased, while those of one, two, or three months, and of 
8 years, have diminished ; — the effect being that the 
ige" is much decreased, although the system has not 
sufficiently understood t(f have any effect in diminishing 
of convictions. But when it is felt — as it must soon be 
cially af^er the passing of the late Prevention of Crime 
nee of six months with seven years* police supervision, 
ter protection to society than an imprisonment for one 
I ; and that a sentence for two or three months is less 
•f future crime than one of ten days with a knowledge 
lontbs' imprisonment will come next time," such a reduc- 
* daily average " in gaols will take place as will probably 
lounties from additional buildings for the present ; while 
e doubt that were nearly all the third convictions re- 
1 society for a lengthened period, the number of second 
convictions would very greatly decrease, and the daily 
aols would sink to such a degree as would postpone such 
an indefinite period. He had little doubt that when the 
'ell understood the number of very short sentences will 
)ase. Many masters, who find servants committing slight 
will take them to a Petty Sessions, and get them a week 
imprisonment, and thus prevent a habit of stealing ; but 
ij cause more convictions, he believed that it will greatly 
daily average of prisoners. 



DISCUSSION. 

t Oox said it certainlj was difficult to determine what should be 
of punishment, other than capital. Every man concerned in the ad- 
f justice must hare desired, at one time or another, to frame in his 
ne rules by which to regulate the sentences to be passed upon the 
ght before him. It was impossible for any judge to sit hour after 
after day, trying criminals, without feeling the necessity of obsery- 
for his own guidance when called upon to determine what should 
lar punishment for a particular prisoner. For his own part he had 
iTour to do this, but after the exercise of much care and thought, he 
that to lay down a principle was far easier than to adhere to it. 
chambers or study, ho might consider every crime in the abstract, 
18 : If the case be that of a man who has robbed his master by means 

> fraud, then we lay down the principle that, where the mere offence 
icreased in criminality by the fact that advantage of his position has 
d that the crime of broach of trust is added to the crime of theft, in 
9 punishment should bo increased by reason of the double criminality, 
kind of scale of punishment was drawn. But when you came to 

> in court, although you may have the case of a servant robbing his 
ill the elements of the crime may be present, a large number of 
reumstancee appear. The offender is young, and, as a servant, he 
«d in circumstances of extraordinary temptation. Now you could 
youni; criminals, led perhaps by a bad example, as you dealt with 

so you had necessarily to modify your principle until it became 
f annihilated. But much more might yet be done to remedy what 



I 



288 Secondary Puni^imenis. 

was undoubtedly a great dofcct in the prcsont ndniinistration of the criiniiial 
namely, tlie variety of Fcutenccii passed by diffortnt judges in different parts of 
country; for idcntiral offences every jud^ took nis own riew of a parties' 
offence. On(> hod, ]>erhap9, a peculiar hostility to house-breaking, another wi 
stran<;:oly up))<)BiHl to Honietliing eliio, while each rcgnrrlc<l the subject of _ 
liostility as lx>ing worse than other kinds uf crime. And so with the magiitr'^,-^^ 
You found oni> ptmiHhing with nine^iumtliH wliat another magistrate punir.c^^ , 
with ten <iayB — tiie same dinparity being shovm by judges even of thesu; 
courts. No doubt the judges might bo brought to agree together upon g 
rules, according to which puniHiiment should bo administered. The reason o^^ 



disparity in sentences for the siiiue offence, was that the judges had not yelt^ 
'down, for their own guidance, anything tliat approached the principles of P^'O'^^ ^ 
niont. There miglit bo a conference of judges and magistrates hold, say, onoe a^ ^^^^^^ 





so that a question of grtnt importanco affecting the administration of ^m^^ m 
throughout tlio country might be talked over, with a view to dctennine upon *^ 

formity of treatment with regard to tho crimes most frequently oommiued i 
time, for there was a fashion of crime, certain crimes prevailed at certain tims^ 
according to the severity of the punishment they diminished in number, or 
peared altoget her. Tn tho application of punishment lie maintained that a vei 
distinction should bo drawn hetweon tho professional criminal — the man 
crime bin business, and who lives Hystematicallv by the plunder of locietj- 

maii who commits a crime from sudden impulso or momentary temptation.. ^ 

fonner class required to bo dealt with differently from the mere occidental cr*s^ Xa^ 

who, it was hoped, would bo deterred by tho punishment he had to under^-v^i^^^ 

tho further pursuit of crime. There was no such hope for the habitual cr ~ ^ 

class, for a man who has made a business of crime coiUd live by nothing 

question then presented itself, how tiro those persons to be dealt with ? 

viction was that the right way to deal with tho habitual criminal 

punitth him, at fin^, witli a long term of imprisonment, as tho only meaasj 

serving society froiri his depredatioiiK; for as long as he was at lai^, depencs' 

he wan at his work; tuni him out, ami ho was bock to his profestiorx. 

twenty -four hours from the time lie left gaol. Exjierience of euch a dais 

went to show that thoy were lw>yond reformation, and tho only course that: 

open to society was to make tho exercise of the trade of tho habitual ei 

diiTicult as ]iostiible by preventive measures, or to make it impossible for 

use his hands at all by locking him up. He thought important steps 

taken in that direction; fur it was quite monstrous that although the 

London knew tlie verv kind of houses where Imbitual criminals reiort< 

the very criincH they cuiiitnitted, yet such persons were allowed to remain 

us. Every IkkIv knew that theso criminals were habitually living by pli 

tho community, and yet that the ctmimuuity had no kind of security for th. 

behaviour while they remainefl nt large. A groat deal was said a\x)ut th» 

of tho subject, and' esixvially by those who said how monstrous it 

men^s houKi.>H, and to require from them an account as to how thoT sot 

For his part, ho bod yet to learn that society was not quite justified in 

from a man who was known, or l)clieved to bo a professional thief« that h^ 

give an account of his mode of lifo. If ho were honest he could tell the 

BO, but if dishonest, and unable to account, surely there would be no great! 

in calling up<m him, either to live honestly, to quit tho community alt0( 

go into gaol, where he liad no op{)ortunity of exercising his propensitic 

regard to the question of accuiinilated penalties, the law aid, two i 

attempt to tie the hands of judges, by introducing a provision requiring ju^ 

third convict irnis, to sentence prisoners to penal servitude. Mr. Baker 

would, of course, to some extent, justify a suggestion of that kind; 

otlier hand, if it were made compulsory upon all occasions to send a 

third conviction, to penal servitude, tho consequences would in many 

most formidable, because it frequently happened that a third conriction w 

of professional or Imbitual criminality. In rural districts more particular 

were small agricultural crimes which, though they certainly were lanenir 

be better termed paltry offences, and could not come within the cat^goiy 

crimes. It was quite impossible to fetter the hands of judges in that 







,/^ rtow do WW to aill upon Uiflm to oierciBe the iliMretionMy powor tLiey 

r-it: li ■ liwls mora seierity tiuui Ihej had Iwrni wont to do. With regard 

,cr <3 1 ohich mu nppendol U the punishment of pmsl urritddo, be woe 

fcrnow whnt was r»lly tneont by tHiit lapf rriaioii, not touUI the poiic* 

7K~ oauld he llnd thnt that luprriisian iru nay practical iinpeduaent 

-^Uic way of ■ criminal. He held in his hand a dociuoent of a moBt 

- cbanwtcr; it was a list sent in to liim at the boji^inning of the 

_ r which he piwded, euttiag forth Ibo por«on« who &i been 

E «ted. Although a prisoner on a, Bocond cunTictian wiw renilored 

:w puDiihiaent, namiily, penal (enitudo and police mperrisiun, hore 

shown tu he adminiUeretl in it way ihnt One cuiild Bcarculy credit. 

-^- ^ — — this list, a perfOn who had been ooDriclsd twelve tiroes was 
^-^TT"^ ^~} *" three or toor monthi' impriBonment for coah offence, lie 
, ^-_ -Mif light puaishmeute which had been inflicted for repeated u£Feiicee, 

^l: ^E.-^ the face of that, how the law could hold ariminals in lemnai i He 
■^ -!■ ilicB magistraUs Would give Iheir attention to Ihii subject. Undsr 
^ — j _i Jurisdiction Act, mugislratea had a sunimary powor to dial with 
a "^t ambeudementg, in certain owieti, limited in niaount tn &i. : but there 

- -^ — ^E^MCrdinary exception, thut if the prisnner pleaded guilty, the niosi*- 
^^ -^t^Ltia cognisance of that plea, whatever thu ninaunt. iiow waa that 
^E^ It WM a law well known ta professional thievee, &nd. whan any ol 

•^ w :^Kr-onght before the nukEistrates tiley preferred lo plead giulty, beoauw 
:^^^ir^^ ^Bi Ihe ntagistratee could not gire thoui more than six mimths, whenwi 

I ■ ■ "SE^xience would not be \et» than penal servitude. In this way, nuigis- 
~i maotlu' imprisonment old olfendets who would have heeu 
Hrritudo three or four times OTPr hod they boon committal to the 
lune which he oontend«l the magiitrates ought to take 
id of aocepting the plm of guilty, they should delay the oiereiea of 
. on until inquiry had been made to fUiafy them, not that the 
^*_ h«n priviously convicted, but tbot ho bad not been couyiotai before. 
":>. ininal was out of the hands of the judge, what might bo terinKl " a 
■^'^:^Dn of puoiahment" should toJra place; and this, be held, clearly came 
^>4:=wpe of the question before the tiection. Undoubtedly the law could 
■ «;» than apply certain punishments to certain offencee. Tberefore, in 
*~-~%ifflnW| me judges had to consider, not so much the character ol the 
^W all, as the nature of tbo crime. Wo ought to punish the crima 
b f and in the gaol, we must punish tbo criminal. We should then con- 
■»^*iire of the crime as regards the menial and moral character of the 
"» fummits it. What he contended for was, that when the prisoner was 
" ■— •) in pud, and undergoing his seutonce, we should apportion big 
*^ neeor£ng to bis character and tba nature of the crime he hod com- 
* V^hat if be were an habitual criminal, be should be treated as such by » 
i ^H>nment, in the course of which he ought ta be called upon to work ; 
<?«intmufd UDl.il he had worked out, by the tweat of bis brow, the 
'**'*"«^» <3t the properW ho had stolen, that would doubtless have a deterring 
''1E*'^3a:s. iiu, mind. Following up tbo same principle, prisoners should tw 
"*• 'v* bife in gaols, for different trEotmont, occording to their particular 
''**^^~. If one man were of n vii)lent disposition, his treatment ought to ha 
?^ ^K~<3m that of a man whose mind had a tendency to fraud, from » 
^^*» lE»TeieJon of the disposition of the prisoners respectively, he thought it 
ctioible to regulate the punishment to the diameter of the criminal 



ho 



.tko 






to (London) observed that tbo metropolitan police courts generally 
. ]prwHBr» in order t.i ascorlain whether Ihev bod be«n previously ooil- 
■»- Jl'toeiiuslalce which, be believed, waa commonly mailo in this matter was 
tn ■u.pjx'ung that tbo magistrates were in 'u> great a hurry to convict, but 
'~ " ( that any poijcs force was capable of reccgnising all iho 

19 



•• - ¥ ^ ' ' ""'O ' — — 

found that those persons had been preriously of {i^ood cbumcter. 
serranti who had been under one mistress for two or three 7c 
with etealing. In suoh a case as that there was rery little p 
person beine an old offender, and the magistrate would, likelr < 
plea of guilty and deal with her case at once. It was said toa 
tlie justices' clerk influenced the Bench ; he beliered there waa t 
for the supposition that inquiries as to the character of prieoaen 
by tlie advice of the justices clerk. With regard to the apportionn 
magistrates and judges experienced a great difilculty on that sul 
iiinc of trial, when all the circumstances of the case were before 
difficulty would, of courM, be considerably increased if risiting jui 
know little or nothing of the cose, wore cedled upon to apportion ' 
to direct what punishment the prisoner should undergo. Ho wai 
to approve of Uie system of short sentences, advocated by Mr. 
for mucli harm was done by lung sentences, especially to juTeni 
was well known that tlie views of the juvenile thief were very roi 
were based upon fictitious stories that he read, and tluit the effec 
soon be dissiiHitcd by t^%'eIlty-f()ur hours' confinciupnl in the depre 
of a police cell. Once let a la<l go to pris<tti for tliroe weeks or 1 
be sure to get accuntonied to prison diHciplino, which then wouli 
effect upon him — at any rat« considerably Icm than a brief deten 
station. In reference to greater similarity of sentences, that was, 
desirable object, which he l)elicre<l might soon be attained by a 
the judges; but not by legislative enactment, for anything do 
magistrates in the passing of sentences would simply render the 1 
Mr. Georoi Uurst (Bedford) said it was dilHcult to fix a soal' 
because no two crimes exactly agreed in all the circumstanoea 
been called to the inequality of sentences passed upon persons wl 
vioted several times, the punishment being lighter at the la 
former part of his career. This, however, might often happen, 
ing us, if we were acquainted with all the circumstances, beoai 
committed a second, tnirdi and fourth offence under circumstanci 
sheer want of subsistence. He held that for the first offence a 
more sererely punished than for subsequent ones, inasmuch aa 
was one of choice rather than necessity, whilst the second was gei 
of necessity rather than choice. The argument that punishme 
some reference to the kind of crime committed, might well a 
assault, especially upon wives and children. The man who com 

nf nfVnnPA \\wkiK an oflTUW*i«1 H^Anfl of rwM*arknnl aiiffArirKy • Iia xrmm mm 



._. He bnlimed no mnn ■ 
p g him' bock to a better el 
'^ wd oTer again th&t we w 
*"*" once K^iiired wm pt' 



IS so )Ad but thnt HntnBtliing mJeht b« 
e of fwline and conduct. It hod Wn 
e TGly mucD the crantureB of habit, and 



bbits of tbo habitual eriminai, whEoh cutdd not be bopofull; under- 
Uut oImb wore put in the waj of eatting on honed lining ufter 
tB. Ha ihould be kept in gool until be acquired bnbite of iudunry 
l^ ff\l him a Fhancei either in his own countrj or tome other, of 
i.*JM«l lirdihood, for if he were again sent into the world without an^ 
k« oT obtaining aubaistmce, be must aa a matter of coui»e fall into hi* 
t«veTBr determined be might be to reform himself. The mnn who 
o" that he got hia liTine in a le^timnto and honeit way, ehould be 
^ pince wbere he might learn habita of induitrj which might enable 
bi* own liTing. The introduction of better ciraumilanoea would ha*e 
#o«terlng better habit*, and to there might bo hope of reforming eren 
inrod Imbitual criminal. 

ECJIODIB, M.F., apprehended one of the greateit erila of the preaent 
nlabment waa an oril diiUnotly atlributablo to Icgiabtion. For many 
ffcA Riding of York, he had obeerred, with regret, Iho difficulty that 
■vrorkins of an Act of Parliament, which required that, whcra the 
gc» had a prerioualy conrictod prisoner before them, and one whom 
"- ougfat to send to penal serTitude, the term under such pireumaMinoeB 
lewk than aeron years. As had been truly remarked, the principal 
tbe reformation of the offender, whether jurenilo or adult, was to 
. pnniahmenC felt. With regard to tlie puniahmoat of tbe ;rouiig he 
^ abort BoUlary confinement would have the effect of reforming a lad 
ti it might bo desirable to allow magiatTDlas to exeroiso the power, 
y -wpre persuaded, from the ciroumatancee of the case, that no other 
.niihment would aufflce. For his part, howerer, he beliereil juTonile 
»«»ld bo beat roprflfsed by imposing a fine upon the father or care- 
looting to look after hia ofiild. The fallier would then feel the noons- 
JMg future pcnolljea, and would, in all probability, prraerre bis child 
V^lnt hod been done, up to thnt time,' for the oil; "Arab?" Nothing 
Mut, when the potioe got hold of him and took him before a magie- 
lai' wouC punishment, aud was then let loose upon aociety, no belter 
a e^lueation. Indosd, if a plan were propotod to educate thivree, none 
>» •jfectiTa than that adopted in the treatment of the nnfortunnto city 
'<Mun ago, thanks to Hr. Barwick Baker, the first ides of rclormntinn 
iHiy e^^ed into effect. More, however, yet remained (o be done by 
BviQr tJDM Hr, Bsrwick Boker'a plan was brought forward, ho lutd held 
ay rale, it was not desirable to leore reformatory echoola iiitdcr 
on entirely, but that punishment, with reference to any age or 
_ . . be under state control. Ho still mnintoined that state control 
^•peciaUy in the punishment of jurcnile criminab. With regard to 
ptmulalion generally, he was oonTinced that their reformation would 
>Ot«a by Btakmg their punishment felt, whether by long imprisonment, 
Dnmnent, or any other method, eieeptions being mode in the caee ot 
whose parents ought to pay me penalty. He could not follow 
sue oontention that the first offence ahould he more severely punished 
tm ones. The magiitrato might haTe his own ideas of what would be 
criminal brought before him, but he was not left quite free to oxerciae 
1 in the matter : but if any person, other than the justice, were to take 
rtf to aAninialer, or to apportion puniahment, it would be a very retro- 
if tJiKt punishment were to commence with great severity and culminate 
dnortbed by Hr. Berimnt Coi. Rather let the punishment he felt in 
ttbmee, then it ahould bo known to the criminal population generally, 
i»« conviction, that n heavier sentence would follow on a wwond eonvjc- 
^ter the eecund offenoe that n third conviction would be visited with a 
punitbment indeed, Sut^b was the plan Bubetantially adopted in 

19—2 



i9i ^eeorutary Punuhmenii. 

Glonoester and other countiee, and it was clearly applicable to tlie en 
as a bodj, with whom we had most to do, and whom it was most 
reform. Ho, for one, did not consider, because a man fell from a lug] 
criminality, he was to bo punished ex necessUate rei. To him the loss 
name was infinitely more serere than the imprisonment, which the crii 
mostly dreaded. With regard to justices' clerks, he would recommeoc 
should bo remunerated by a fixed salary, not because he thought the 
did what was indefensiUe, but because it was desirable any aoMidal wl 
attach to a very worthy class of men should be remored. The law 
fault in this particular, since it did not prohibit the appointment of s 
at a fixed salary. Then, with regard to stipendiary magistrates, there ^ 
ing among lawyers that their more general substitution for the unpaid 
woidd haTo the effect of making the sentences upon prisoners more eq 
they now were. A notion proyiuled in some parts of the country, espee 
manufacturing districts, that most magistrates had strong feelings upoi 
of gain. That they were prone to more severity of punishment for 
the part of workpeople tluLn for offences that were not immediatsij 
with manufactures. Ue did not bb^ this notion had any real foundati 
but at any rate, it had obtained firm hold in the public mind, and 
done to diMipate it might have a beneficial effect. That suggestion, 
farourcd the more general appointment of stipendiary magistrates; 
maintained that Henry Sheridiui's short Act ought to have been compu 
application to all largo boroughs, and that any one with a population 
ought to have a stipendiary magistrate. Had that been aone, we si 
haye had the advantage of arriyine at one set of sentences, and have be 
that system, the operation of whiou gaye rise to the somewhat common 
the trade districts, '* If he is brought up before So-^tnd-So, who are bt 
manufacturers, won't they warm him for stealing that doth." 

G^ie Bey. W. C. Osborne (Bath), as chaplain to a gaol, could not s 
had been said to pass unchallenged, at least in some respects. He be] 
crime was much less in extent Uian was generally imsj^ned, and that, 
examination, it might be found that the habitual criminals did not nui 
than a thousand in the country. Judicial statistics set down hundzec 
sands, but flyo out of eycry six were potty offenders. Of those, accord 
" blue-book" he hold in his hand, 80,000 wero offenders against the lot 
boroughs and counties ; 5000 or GOOO wore yagrants ; and so it would s 
the more serious offences were but few as compared with preyious y 
Habitual Criminals Act had his strongest condemnation, as a danfferou 
since it gaye almost unlimited power to the police oyer the crimmaL 
this enactment work ? Under it, tho retumeu convict was obliged to n 
self at least onco a montb, say, for two or three yoars, consequently be 
go very far away. Suppose, however, he had to change his place of 
and in doing so, omitted to notify the change, ho come at once under t 
tiie police, who said, " Now I know you ; bo off, or I'll report yoa" 
he " took to tlie road." That was a conversation he had frequently 
the Act were carried out in its integrity, tliis would be the result. C 
supposed that so poor and unfortunate a creaturo would be able to 
immediately on his quitting gaol ? This now Act would seriously intc 
that class of men settling down and getting an Loneet livelihood. W 
stable was enabled to say to a troubleeonio follow, " If you don't be 
report you to the chief, wo hod at onco an imperium »i» imperio, and 
onminal population would be placed at the moroy of a member of the k 
in the police force. With regard to tho passing of one set sentence, ii 
of the circumstances attending the criiuo, that would appear monstroua 
tion, for if such a proposition hod effect, a man who repeated the 
breaking into a shop and there stealing a bread-loaf, would be sentenoi 
years' imprisonment, and for a third offence of the same kind,<seyen jt 
servitude. He thought a little too much was said about the advanti 
photography possessed under the Habitual Criminab Act If a man 
AToid detection, he made his photograph of none elEect when ho ifaa" 



Diteuaion, S9S 

. pnt onp on. or othsrwise altered liis perions! nppwiranco. Nor had i«- 
J( tJiB TBliitf whioh their great number eipiifled, for many old offendera 
Y |»lf-wilt«d, in fact, onn-teiith or the nrisonen th«n in gaol vers im- 
010.0 women had been rfoommjtted no rawer than tvcntj-four times for 
,0. Wheu these omtierB were tnkpn into BOTuideration, it would bs 
I th« graTilj of the erime ooaimitl«d in the oountry wa« not so grenl m 
'-rtv w<re uA to Bi»>poiio. 

JouK P«LB {Sorthnllerton) agreed that prime coidd be reprewed 
^_ iiaJly by tho endeaTonr ia refonn Ihan by actual pTmiahmBnt. The 
"^rliii^u eiislMl between flrat conrictions and firet punlshmenls ought 
^0 ilintinctly Bmintnined, and in reference lo the opinion eipressed by 
cMl this pniot^ he otnenred that our law had admitted tho prinotpla 
; ofl™°* nrti nut be risited wjlh punishment, that a wnming inight be 
^JBo*""!! biit Ihil punishmmit tnuit follow a second offence. Aewpting 
[plA be entiroly eoneurred in Mr. Hunt's view that the first puniib- 
J^ be acTere. Ohita prindpio, id reference to punishment, waa a 
^"^ jh Ouehc to be Btriotly ndhered to. Tba proposition of Mr. Serjeant 
« {inioncr iliould be d»)t with, in reference more to his oliarsoter 
orutie lie ronimilted, could not be too strangly urged, but it wai a 

> detenuine how the chanieter ehould be eatlinat^. The toorned 
I fa« would do that by the number of oonTietioiw, and he remarked 
I or lareeniffl mi|;!it ba of the moat trifling chanieler. 8o they might, 
d be well to bring petty ofTtmcee under the term of Inreeor as dit- 
■■om felony. But supposing a criminal wore conriot^ n third time of 

ehataetec would become so stamped with infamy that it would be an 
•sielT if he were released soon from tinpriannment ; he woid<l go Torth 
' cmminal, and aa such would tempt others. In that way we had a 
on of offenders. The learned BCriaint said he had no oiperience in 
Ek of the criminal law, after he had, aa n judge, passed senteneo upon 
^Ihat rema.rl appeared to bo oonflrmed by n, subsequent one, that 
Aif hard labour, must at once be iuQieted upon a eriminni as a 
•Om crime generallj, and n terror to the crimiual bimeelf. Hi» own 
laSered from that of the learned Bi^rjeant in this poiut, inasmuch ns it 

> to ny with perfect conftdenco that labour wns a mitigation of the 
t of ths seclusion of the cell. For if a prisoner wore deprirod of the 
~ of labour, ho would, before the lapse ot ten days, beg iinni for some 

*" Tr was well known that criminals would almort do anything rather 



Reeled to the severe disciplini 
«*•»». In f( ■ "■ 



, solitary conflneramt was felt so keenly tluit it was unsafe 
. tjejond a short trm, He was among the earliest adrocntes for the 
~ "timuent of offenders, chitily on tho ground that that system coidd be 
^ *D the particular ehnrocter of the criminal. To deal with nil 
. 10 uniform plan was a great mistake. We knew when men were 
r" thH number of their conTictions, but when they were eommittod lo 
"H^mJ execution ot the sentence remained ; and ho would xugmst that 
■ be Sppoitit«d to regulalo t)ia punishment. Their duly should be to 
^^ - rt. to the visiting jusliws, who might then indicate the special kind of 
^ 'wfiiofa ths ehaneter of each particular prisoner appeared to demand 
VrtwMifra. 

w«i,i. (Chief Constable of Leeds) presumed that the charnctor of 
lAj different from that of Leeds, or Mr. Osborno would not have 
- - unfavourable an impression in regard to the effects of the Habitual 
' -Act, eince the passing of wbiclj, indictable crime in Leeds had dicremed 
't,, rtreet robberies with violence having fallen from 42 to 28. Within 
" — iod >J] etoHei of indictable offences had declined from 959 to S49. 
a put in operation in Leeds aa soon as ever it became law. Aa ■ 
!, he selected offlcers to look after known tlueves, who had been so 
na, at)d whom the police coTild soon find. These habitual orimiuols 
WKined that if they persisted in the habit of getting women to walk 
^, iM was the custom among streot Uueves of that claai, they would be 



294 Secondary PunUhmmU. 

arrested. A few of the worst characters were taken into eoitodj 

a general exodus of that class of thieTes. Had he heen empower 

to Hull, and other places, to enforce the Act there, as it had \ 

same result would hare followed, and the entire class would h 

With respect to the revocation of licences, no doubt that was a ( 

of the magistrates which might be considered arbitrary ; nor wi 

the police also had great power entrusted to them, but when 

judiciously exercised, he hold that no hardship was inflicted upoi 

lers. The first revocation of a licence in Leeds effected gooo, v 

other property belonging to the same owner, and to others also. 

got their nouBes occupied and received the rent, they did not app 

about the character of the tenants ; but now that they found then 

whenever their tenants incurred a penalty under the Act, they t 

their houses occupied by persons who would carry out the law ini 

it For this purpose owners granted only short leases to puUia 

that one offence against the law should forfeit the lease held by t 

Leeds, only one information had been found necessary, for th< 

licence in that instance hod operated as a most salutary cau 

victuallers generally. There had also been but one revocsttion 

licence. In Leeds no measure had ever worked better than the H 

Act, the public hod firmly supported the police in carrying it ii 

criminal ever complained of unfair treatment under its operation. 

Lord Teionmouth (Clmirman) called attention to what was U 

" The Cumberland System " for vagrants, remarking that its succ 

must be attributable to the fear aJl vagrants had of meeting M: 

there. In Cumberland, however, the system was rendered in* 

present state of the wanls. He had visited the workhouses, and f 

wards there so execrably bad, that to send a vagrant into one of 

lead to the spread of infectious disease. What ne himself saw in 

the accounts ne received from the workhouse masters in Cumberli 

to get the North Biding Quarter Sessions to pass a motion on th< 

communicate with the Home Secretary and tne President of the ] 

The revelations were perfectly startling, and the workhouse masl 

Quarter Sessions to do anvthmg in their power with a view to f 

tion of the vagrant waras, or obtain some modification of tlu 

them. It was clear that the vagrant system could not be carri* 

(}ovemment undertook the clmrge of its application all or 

Ma^^istrates, he held, ought to be allowed discretion in the dii 

onerous duties, though tliat discretion should be kept witl 

judges, much less magistrates, were not infallible. Puhlic od 

brought to boor upon the magisterial Bench, and much gooa 

in that direction if tlie press were to continue to record pre< 

decisions of magistrates, the verdicts of juries, summary juriadic 

inasmuch as that kind of publication had produced an enect air 

wick Baker seemed disposed to draw a hard and fast line, when 1 

cumulative penalties should be fixed. It should be recollected th< 

of delinquency, and in the duo exercise of their discretion mi 

consider whether the prisoner was entitled to any mitigating ciro 

they pronounced their decision against him. But the main qu 

effect had penal servitude ? Under the Act the magistrates wc 

alternative, either to send a man to penal servitude or to prison, a 

not bring their minds to inflict a long term of penal servitude n 

not demand so severe a punishment, they sent the man to prison. 

The two years* system of sentences could not be worked well in 

people thought solitary confinement should scarcely last nine i 

consequence was that our prisons were filled to overaowinf . Tbd 

tration which condemned tne hard and fast line at once. As for 

depending upon their clerks, his experience in \he North Biding i 

enabled hun to say that they exercised their own discretion, andth 

had n oc e w a r ily to ooniult the clerks in an Act of Parliament^ thMi 



Tradaiff in StoUu Property. 

FtltBsieh. Oar mngiBtntlM ware irlddy different, aa a clus, from the men 
i^ Mitiut on Uia continetit, wbo, lo^ want nf like employment, were ofUn 
idlritokiuB, and Indulged a spirit of nriitocracj. In cuneliision. while ke 
('M join In kll of ttm propoaitinoi for radical and viirious reformi, ba 
i M ile*pBir of at Inut ninie of them, if a general cuction wore mwle U 
to tin etwioter uf the nugietsrial B»ncli. 



TUADINO IN STOLEN PBOPERir.* 

ft JUeomres may the Trading m Stolen Property, wJtether 
W<^Art«>u/ 1/ or Eeeeiviiig it in PUdi/e, be most effectually 
ifni^ti f By Edwin Hill. 

Iip<»r*iiiice of puttiug a atop to the traffic in stolen property 
C Ije doubled by any one who accepts the well-known 
_" tliorewere no receivers there would ba no tliievee." But 
ecsX lliia importance much more deeply wheu wu reflect that 
fxk.^ilittes fur the disposal of petty pilfei'ings that exist in 
to^wns, are a Boru temptfttion to the children of the very 
BOKxnmeatiG thieving at a, very eitrly age; and honce to 
fcl=ȣts that, unless broken by some external force, will 
■.Illy result iu the children growing up confirmed ciimi- 
:^7eAlc up these pernicious facilities, therefore, would 
i -^ Avmy those allurements by which now hundreds, 
^gperhapa even tens of thousands, are at the outset 
i'^7' ^a drawn abide from the paths of honesty, Eiud their 
1^:» coming worthy and useful members of society destroyed, 
-^ Expressing this iniquitous trafBc, at first sight the detcc- 
*^c~inging to juBlJce of Ihoae engaged in purchasing stolen 
•^^r- advancing money upon it, would ecera a task of no great 
fe- *Vr- 

K -^^^ry such dealer must have a place of business to which 
^ ^an take their booty as they secure it. 
► 3la must be known to many thieves, or his profits would 
^^^eate him for tlie risks he must run. 

ij Tliose who know him as a receiver aro of a claafl — espe- 
Bpecla its younger members — presumably open to induce- 
isiBt in his detection ; a class, too, that Uie detectives know 
to deal with ; as any one studying the police reports will 
'>Tn seeing the very recondite information they do obtain 
orimes, in respect of which the greatest puns have been 
' effect their concealment. 

Beung the acknowledged importance of suppi-easing this 
L traffic, and the appiu*eot ease with which the guilty parties 
got Hi, it may he reasonably asked, why is not the thing 



" Bee Swsiojwi iVwMrfiHji, 1868-9, p. 27; 18l>9-70, p. 137. 



296 Trading in Stolen Property. 

donef Or rather, why has it not been done long agof Tl 
answer I can give is, that the fault lies with the Legifllata] 
law against reccIviDg stolen property is ineffectual, and the 
that have been made of late to induce the Legislature to i 
strong enough, and searching enough, to reach and master tl 
have failed to do more than to obtain a few small crumbs of ii 
mont. As the law now stands, the impunity it affords is s 
that in London alone the high probability is that for every 
which the guilty parties are caught and punished, there are t 
6000 which the law fails to reach. 

A few cases will, perhaps, show most clearly the points ii 
our law is defective. 

The first and second case which I shall mention conec 
absolute purchase of stolen property ; the remaining cases i 
the receiving of such property in pledge. 

When I was a very young man I had the management o 
large works, in which the rolling of copper was carried on. 
employed in the works was detected in carrying off a heavy ] 
copper, secreted under his clothes. Upon being qucstioi 
stated that a man, who kuow where he worked, had incited 
steal the copper, and promised him twopence per pound for i 
should bring. Now this copper was worth tenpence per ponii 
to remelt, and it was in an unfinished stage of manufacture, ii 
state it is not on article of sale. Impressed with the import 
detecting the tempter of the boy, and finding the boy — in tl 
of getting his own punishment mitigated — willing to carry the 
straightway to the receiver, as he would have done had tl 
remained undiscovered, I requested the chief of the polico 
place) to send a detective to follow tlie youth, and to secure i 
so soon as he should have purchased and taken possession 
Cvpper. Thin, however, the constable refused to do, beci 
happened to know that, since the control of the copper hi 
temporarily recovered, the law would hold that the chan 
stolen goods no longer attached to it, and hence that an ind 
ibr receiving stolen goods could not be sustained. So that th 
notwithstanding his having incited the theft, and (obvious^ 
the belief that the copper was stolen property having bou^ 
fifth part of its value, and while in an unfit state for sale), won 
been enabled to escape with impunity by virtue of an idle tech 
which did not diminish his guilt by one iota. 

No. 2. — ^A dock labourer, not long ago, was detected in carr 
five pounds of white cofice beans in his stockings, taken froi 
from which a large quantity had been stolen within a few da 
a conversation (after the event) with one of the citj ja 
suggested that, as the man no doubt intended to sell ihe bei 
police, instead of taking possession of them, might, by promii 
intercede for the man, have induced him to carry the betos 
receiver, whereby to efiect his detection. But the judge she 
head, and told me that, although the police might not haTO i 



ma. M7 

. the beans, tlie \&w would bold that they hud virtually re- 
possession of them for tho owners, and that hence the 
Rtfetscter of stolen goods would no longer attach to them. Now liad 
ihe police, in ignorance of this legal refinement, and anxious to break 
op Uin irttile of the receiver hit upon the plan just mentioned, and 
Knt the thief straightway to the receiver, and had the receiver 
boDgbl the coffee bcaua for. perchance, let's Ilian a quarter of their 
nlae, be aho seeing that the man was but a laboui'or, and that he 
bad eoQceaiod the beans in hiu clothes, in filiort, had he bought them 
under circninslaaced every one of wliich went to prove that tha 
property must have been stolen, the law, so soon as it should hare 
■ sight of the fortuitous inlerferenco of the police — of which tha 
liver could have known nothing — would refuse to hold him as 
grwise than au innocent man. Our law has, by some lawyers, 
1 called the perfection of human reason, but if this were a fair 
pJe of It, it would better deserve to ho called the extreme of 
lativo absurdity. Surely the object of the criminal law ia to 
Kt the honest againEit tlie operations of the dishonest; but it 
imes a mockeiy when its spirit can be thus defeated iguominiously 
I msre quibble raised upon its loiter. 

"o. 8. — Ametiu Collins, a charwoman employed at the offices, 1^5, 
ghureh Street, Loudon, was delected with twenty-two pawn- 
et* in her possession, for coals, boots, umbrella-'', i&e., including 
' BUB pie pairs of ladies' boots, quite new, and bearing piivate 
le marks conspicuous on the heels ; and these being worth 1/. 12(. 
• pledged for 10*. Their owner said truly that there could be no 
leelloa to trade if pawnbrokers were allowed thus to take from a 
'lan of the pi-isoiier'e appearance new goodB with the trade marks 
I thom^ The prisoner was punished, but nut so the pawn- 

0. 4, — Ellen Davey, convicted of pledging eleven unfinished 
mocks, the property of Messrs. Murray & Paterson, Government 
factors. The pawnbroker was not charged with the heavier 
IC< of receiving stolen goods, but was called to account for the 
ler offences of taking in unfinished work, and neglecting to insert 
IMWner's addi-cas in the duplicates. 

0. 5, — Two women were sentenced for robberies at railway 
ons, many pawn-tickets being found upon them. It was re- 
I conrt that " the readiness with which passengers' luggage 
be pawned is lamentable." 

\e. G. — ^Thieves who had stolen and pledged many trinkets, and 
r articles, also pledged for 6$. a timepiece of remarkable 
Bsnnce, which had cost the owner 3/. I0<. and the pawnbroker 
received a printed police notice with a description of the timepiece 
' two days before he took it in. The magistrate commented 

WAj upon the transaction, but what cored the pawnbroker for 

t, limx be merely lost his 6*. 

fo. 7. — ^At Lambeth, Alfred Aments, a young man, was finally 

~ ' * upon a charge of having in Ma poesosston a quantity of 



298 Tradmg in Stolen Property. 

property supposed to have been stolen, also sixty-two pawn tick 
relating to other property, the proceeds of robbery, indicating fix 
two breaches of the law, against receiving stolen goods withi 
punishment. 

No. 8. — A case was related in the newspapers of a gold ring w 
valuable jewels having been accepted in pledge from a valet (n 
had stolen it) by the assistant of an eminent pawnbroker, w 
advanced, I think, 12/. upon it Now, by law, the ring ought 
have been kept intact for twelve months, instead of which, aeooi 
ing to the account, the stones were taken out and sold for some 4 
within forty-eight hours, yielding the enormous profit of 28/. beiid 
the value of the ring itself, and proving that the pawnbrol 
reckoned absolutely upon the non-reclamation of the ring ; leaving 
scarcely to be doubted that he had a shrewd guess how the pi 
perty was obtained, for surely no honest owner would have be 
willing to part witli it for a sum so greatly below its value. In tl 
case, as in the other cases of pawniug, no proceedings were ttk 
against the pawnbroker. Indeed under the existing law the dl 
oulties are such that, although I have ascertained it to be the opiiu 
of some of the most eminent magistrates in London, that a very lai 
portion of the non-monetary property stolen in London — peilM 
even a major portion — goes into the hands of the pawnbrokers,! 
conviction of u pawnbroker for receiving stolen goods is a things 
believe, quite unheard of. This, I thiuk, must have arisen from 1 
circumstance that, whilst against a buyer of stolen property 1 
insufficiency of the price given for it is strong evidence of a gvi 
knowledge, the smallness of a loan proves but little, because 1 
borrower might not have required more, and therefore chi 
not to incur a greater charge for interest. And in justice to l 
pawnbroker it must be remembered that the asking for a small si 
on loan would not of itself put him upon, his guard, as the asking 
an unduly small price would, or ought to do a purchaser. 'St 
this it appears that even were the law made effectual against I 
buyers of stolen property, it might still remain ineffectual against 1 
lenders of money upon it. 

I shall now consider what means we have of dealing vigoroa 
with both forms of the booty traific. Except from the gnA 
improvement in knowledge and respect for the rights of otbi 
which we hope for as the result of the greater attention about 
be paid to cducatiou, that of the poorer classes especially, the a 
forces available for the purpose in view that I know of, are :— 

(1.) Improved legislation. 

(2.) The giviug a better direction to the exertions of the p<dicei 

(3.) Public opinion. 

The change in the law which I have to suggest^ and which ak 
(in my mind) can make it strong enough and searching enoof^ 
deal effectually with the guilty traffickers in stolen property, is 1l 
of making the intent to commit a crime, coupled with tm eft 
adapted to carry out such intent, sufficient, if iul^ proved, 




By Edwin Hill. SSd 

the conTictioQ. and punishment of the accused pBirty, 
Iter ha had Bucceeded in effecting his purpose or uot. Our taw 
■ that the guillj intention ia the essence of the crime, and it it 
^owu ibat a person holding a criminal intenlion has done his 
t to carry it into effect, how can the iolerfereDCo of some for- 
^a oircumstance that fruslratoa liia efforte, or some nice (juibblo 
. the legal deSnition of the crimu, in any way lessen his guill, or 
I him the less an enemy to the community, whose Bafety demands 
llis career «hall be aiTcsted 7 

this priDciple were adopted of making the criminal intention, 
led with oetermined ellbrts to carry it into elfect, legally 
imlAut to the completed crime [(excluding capilnl punishment 
e Ihe crime fell short of completion), a force and efficiency would 
Ten to our criminal law which it now sadly wants ; and we 
d be spared witnessing tboae frequent and scuudalous failures of 
■ir, by which the safety of the contmunity is imperilled, aud 
Kw itself brought to shame and disgrace. 

I drawing the clauses of an Act embodying this principle, it 
U be important (o use words comprehensive enough to include 
I traffickers wbo, being tiicerly indifferent whether goods offered 
tem for Bole or pledge had been stolen or not, oould scarcely be 
to " well know " that they were stolen goods, 
'though the probable mode in which a law, embodying the sug- 
1 principle, would operate to stop the receiviug ot' stolen goods 
)dge, uamoly, the setting of snares, could not but be distastofal 
. right^ninded persons, it would seem that, unless we are willing 
t the evil coniimie unchecked, we must needs resort to it, over- 
Ing oar repugnance as best ne can \ fur now the law is little 
than a dead letter ; and, so far as I am aware, no other plan 
iriug it life and streugth to fulfil its purpose has ever been 
nted. 

1 who read the police reports must know that when letter- 
og ia the post-offices is found ^to be going on, the plan adopted 
be detection of the thief is to make up a " test letter " con- 
ig EQoney or other m'ticles of value, and so direct it that it shall 
through the hands of the suspected individual, who, if the 
r is stopped on its way, is immediately searched, aud in most 
I found to have the letter or its contents ia his possession, 
bgoas means are used in detecting suspocied barmen and shop- 
iVhen there are signs of wrong going on. Coin is marked, 
an agent is employed to make a purcliase with it from the 
Kted individual, who if the marked coin does not reach the till, 
once challenged with the theft. And by this use of the lest 
's and the marked coins, dishonesty, that could otherwise hardly 
constantly being brought to light. The means are 
sire, but when it is asked what other effectual means can be 
\ the answer cometh not. Tha evil is a ^gautic one, and if 
unchecked it is sure to increase ; but if it be keenly hunted 
I and the guilty parties brought to speedy and appropriate 



300 Trading in StoUn Property. 

punishment, we may hope that it will soon be all but extirpiMs 
in which case these distasteful means of detection may be almost 
wholly laid aside. 

I have said ''appropriate punishment'* Punishment slioidd, 
whenever practicable, consist of some ill-consequence to the enlprit 
naturally growing out of the crime, ad a known liar finds that hs 
cannot get believed even when speaking the truth. When a pawii- 
broker, or any trader acting under a licence, persists in breaking tin 
law, whether by receiving goods primd facie stolen, or otherwise^ 
what so proper as to take away his licence? For why should lit 
be any longer suffered to carry on a trade which he cannot, or will 
not, conduct in a lawful manner, so as to avoid inciting either yom^ 
or old to plunder his neighbours. 

Having had some experience of the great unwillingness of tiM 
Legislature to adopt energetic measures for checking crime at ito 
sources, I cannot hope for the speedy passing of a law competent to 
the practical suppression of the booty-market; it is, therefore, wel 
to consider what can bo done under the existing law, or with snek 
small improvements therein as wo may further obtain as time gofil 
on. I have more than once suggested the formation, in the poGei 
establishments of our large towns, of a special department, consisting 
of a few active men of rare sagacity — well paid, of course — to devote 
themselves entirely to the detection of those whom I have termed 
the " criminal capitalists," namely, they who find residences for tha 
criminals, and they] who cash their booty ; whereby to enable tbe 
police authorities to bring the law, -such as it is, to bear upon then 
whenever practicable. Such department to keep a register of aft 
houses wherein thieves are suffered to reside or to congregate ; and 
those also, in respect of which it is believed that stolen goods an 
taken in, whetlier on purchase or in pledge ; and to take care that a 
constant watch shall be kept on such places ; also from time to tiBM 
to communicate with the chief proprietors of such houses, and i( 
need be, to remonstrate with them upon the wrongfulness of snfib* 
ing their property to be used for such purposes, and pointing oat 
that the rents their tenants pay them can have had no other scone 
than the plunder of their neighbours ; also calling their attention to 
the very slight difference there is between receiving the knova 
produce of stolen goods, and receiving the goods themselves. 

Lastly, in order to bring the force of public opinion to bear,! 
think the register of these houses, together with the names of tUr 
owners and occupiers, and a short statement of the grounds of so^ 
cion attaching to each, should from time to time be laid before ilia 
magistrates of the district, and, so far as they might think fi^be 
made public. 

In conclusion, I will venture to say a few words regarding tb 
feeling that I suppose we all entertain unconsciously, that to increaia 
the stringency of the criminal law and the energy of its admimi' 
tration, although advantageous to the honest portion of the conk* 
munity, is an act of hostility towards the criminal class. But tUa 



iea the opiuion that it ia a disadvantage to the criminal to cora- 
lim to abandon his crirainal courses, an opinion that but Cew would 
Bedly mnintain. Al all events improved lo^islatioa, so far as it 
1 have the efTcct of remoTiDg lemptatioDB and destrojini; tho 
itica for the commission of crime, must surely be regardeJ as 
tmest charity towards those in whose path sueb temptaliooa 
Id otherwise lie; and as regards the numerous helpless infftDta 
K oQspring of criminals — who are boru and brought up so 
Mnded by evil of all kinds that their escape from bad courses 
Id be miraculous, — legislation, that should in the end destroy 
» eril Burroundings, and thereby rescue these hapless children. 
I the Bad fate awaiting them, would be an infinite charity to 
a, although to us but the discharge of an imperative duty, 
n a calculation that I made some years ago I came to tho start- 
coDclagioQ that to make good the great waste of life that occura 
be criminal classes — even after allowing in tho calculation for 
p who join the criminal ranks altliough not bora thereto — 

tho birth amongst us of seven such infants day by day, or 
of 2500 in each year. To atrengthea the case further 

lem next to impossible. 



On the Same. By George Attenborouoh. 

tUntOT but feel that in reading a paper upon this important 
:t, I have taken upon myself a most responsible duty, but 
It my efforts may prove beneficial. I know that the statements 
.' propoBilioQs I have to make will bo made to ladies and gcntle- 
I desirous of ascertaining trnth, and who are well capable uf 
minating between facts and theories, and I desire that it fihould 
toideratood that in giving direct contradiction to many pre- 
^^ tnd generally entertained opinions as lo what becomes of 

en property, I ehall only state that which I have personally seen 
m prepared to prove by the testimony and books of persons of 
highest respectability, whose evidence would bo deemed conclu- 
I in any court of law, and will therefore, I am sure, bo accepted 

'he question appears to mo to divide itself, and maj be best 
msed under three heads, namely : — 

I.) Where the great bulk of stolen property is not disposed of. 
[.) TTheie it is disposed of. 
I.) The remedy for the evil. 

am aware that tho popular idea, and probably the one held by a 

B proportion of those whom I liave the honour to address, ia that 

major part of tho chattel property stolen finds its way to pawn- 

and \i received by them, if not with an actual guilty know* 



302 Trading in Stolen Propertt/. 

ledge, at least with an amount of careless readiness that is morally 
as mischievous in its results. To this theorj I am enabled from m 
experieuce of more than forty years as a pawnbroker, for some time 
with three establishments, and for the last nine years as Hon. Seen- 
tary to the Metropolitan Pawnbrokers' Protection Society, to gift 
a most unqualified denial. I can state further that the stolen ehtttelf 
taken in pledge by pawnbrokers are positively infinitesimal in pro* 
portion to the quantity stolen. A very large proportion are stoiei 
by persons who, fVom a childhood of street arab life, have been 
initiated into all the arts and mysteries of the burglar and odur 
professional criminals; and during the whole of ray ezperieneel 
have never known a London burglar to pledge stolen propertj, ori 
pawnbroker to have to appear as evidence against him. The thtePh 
anxiety is to obtain a safer market, one in which his nnlawfol poseei- 
sions will be at once melted into ingots, or otherwise transfornej 
so that they can be readily sold. 

It is true that domestic servants, shopmen, swindlers, and amateof 
thieves do sometimes resort to the pawnbroker ; it is, however, I 
singular fact that such persons almost always keep by them the 
duplicates which pawnbrokers invariably give to pawnors, and tlMt 
those duplicates form in many cases the only conclusive proof 
against the thief, and lead to the discovery of the property and ill 
restoration ; but as pawnbrokers not unf requently have to appear ai 
witnesses against such persons, that circumstance has been accepted 
by the public as proof that they are constantly dealing with improper 
characters and receiving stolen property from them, whereas it shooM 
rather bo regarded as evidence that dealing with a pawnbroker il 
dangerous to a dishonest person, and is likely, not only to insure Ui 
detection, but to furnish the strongest possible proof of his guilt 

I have taken some trouble to ascertain how often pawnbroken 
have to appear as witnesses against dishonest persons in proportioi 
to the number of pledges annually received. There are in the 
London metroi>olian district and suburbs — including Woolwidi sad 
Wandsworth, two outlying districts — thirteen poHce courtSi anl 
assuming (what I believe to be greatly in excess of the £iet) thit 
each court has in it every day one new case in which a pawnbroker 
is concerned, that will give 4056 cases annually. I find that the 
number of duplicates printed for London pawnbrokers in each yeer 
exceeds 30,000,000, and presuming that 4056 of these 80,000,000 
pledges were for stolen property, the result will be one in 7891. 
Also that if the 470 pawnbrokers of London have annually anumg 
them 4056 police cases, it gives but 8^ to each, a number qiiHa 
inconsistent with charges of guilty knowledge or culpable oire- 
lessness when it is borne in mind that 30,000,000 gives annosllj 
to each pawnbroker an average of 63,829 pledges. Farther, a not 
insignificant portion of these cases are initiated by the pawnbroker 
himself giving the first intimation of his suspicions to the police^ i 
fact which is but rarely mentioned at the trial, but is included in the 
one universal statement of the police force, ^* from information that I 



By Oeorfft Attenborcuffh. 

Ired," K statement rrom which some revy curious deductioDi 
It be drawD jf inquired into. 

liBfl, however, been nsserteil that a Itirge proportion of tiie stolen 
crty pledged with pawnbrokers is not diacoverf'd, and that tUe^ 
76 a large profit from the narae when forfeited. My answer to 
anwarmnled and purely theoretical aaaumption ia, that every 
ibroker kiiowa perfectly well that a fraction over 95 per cent, of 
iQ pledges ho receives are redeemed, nad consequently are free 
saspicion; and thnt, of the 5 per cent, unredeemed, he has 
nal knowledge of the owners of at least 3 per cent. ; and it Is 
f unfair to conclude that if he has no knowledge of the parties 
;ing the romuiuiiig 2 per cent, they are therefore necessarily 
I properly. From a return I procured officially five years since 
138 members of the London Pawnbrokers' Protection Society, 
BpplicHtioa to the 200 memhers thereof in reference to this 
ct, I found tliBl some of them bad not had occasion to appear ia 
olice court for several years, and that the average number of 
Iges given up to the owners by the 132 pawnbrokers was leas 
I i in 13,000; while I venture to affirm that no pawnbroker 
M deny that stolen property was in liia possession if he knew to 
contrary. Ciiminal charges against pawnbrokers are certainly 
le as rare as against any other trade or profession, and it is sn 
grfaukt fact that for more than thirty years only oue London 
|ar pawnbroker has been charged with any criminal oficnce of 
kind whatever, and that the cose against that one was slopped 
tho Recorder of London, before whom it was ahotit to be tried, 
C being, aa bo stated, no evidence whatever against the defendant." 
^ie it unimportant to observe upon the commercial position whioll 
twnbroker holds, and which he would imperil by participation in 
proflia of crime. Few pawnbrokers employ in their bnsiness 
Dapitftl than 2000/., many as much as 10,000/., some 20,000/., 
I «Tea more than 30,000/,, so that it must bo admitted that ft 
rnbrokttr has a commei'cial position of importance to himself and 
lUy, If it is said that the evils attributed to the pawnbrokers 

I regard to stolen property arise from carelessncsa, my reply ii^ 
k pawnbrokers are unable to do at a brief interview, and without 
hnoe of any kind, that which it IVcquently puzzles both judges 
[juries to do with the aid of witnesses, namely, to decide betweetk 

II and innocence: and further, the ingenuity which was practised 
the act of dishonesty is in its turn practised upon the pawnbroker 
tn he is made the medium for disposing of the stolen property. 
Bunercial principles would also induce a pawnbroker to avoid 
lea property to the very utmost of his power; for my own ex- 
liBOCe, which I believe to be not in the least singular, convinces 
I that of all the stolen property which is iuadvertently received in 



•MGOnunitUd for trial, but abuonded from bii bail, and hksnotii 



304 Trading in Stolen Proper^. 

pledge by my assistants, considerably more than half has to be !•• 
turned to the owners without payment of the sum lent thereon. I 
conclude, therefore, that no pawnbroker would be so blind to Ui 
own interest as to accept stolen property in pledge if he had uf 
suspicion whatever of its character as such. 

If it be objected that my remarks apply exclusively to pawnbnh* 
ing as carried on in the metropolis, I reply tliat I have endeavomi 
as far as possible to confine myself to matters which have ariM 
under my personal observation ; but from an intimate knowledge and 
a large official correspondence with many provincial pawnbrokon,! 
have reason to believe that my remarks are applicable to the bHi» 
ness throughout the United Kingdom. 

The question where the bulk of stolen articles are dispoaed of ■ 
so important, and involves such serious statements in reftreneo li 
certain trades, that I should shrink from entering upon it bat bm 
my knowledge that the members of this Association are desirous rf 
ascertaining truth, however repulsive, and applying the remodj^ 
however difficult. 

I place, then, first upon the list a number of receiving hoBm 
known as '' Fences," which exist in London and every la^ tova 
The existence of these places is well known to the policOi bat tti 
latter are unable to deal with them unless some specified act of reee»> 
ing can be proved, which is exceedingly difficulty as the buainoHii 
carried on under some other guise, not uufrequently as a low hm* 
house, for instance, so that the passing in and out of bad chanetn 
causes no remark. In these houses the means of identifying propartf 
are speedily destroyed, and all hope of tracing it is lost. A nMn 
summary mode of dealing with these parties is requisitei and will kl 
suggested before I close. 

A very largo portion of the least valuable stolen property ii 
unquestionably received by what are known in England as doily ff 
leaving shops, and in Scotland as wee pawns. The parties nb 
carry on this business purchase goods from whoever brin|(8 thfl^ 
upon an implied understanding that they may be re-purehaied If 
the owners within a given time, probably a month, but mm 
frequently a week. No duplicate or other memorandum of Al.1 
transaction is given to the person depositing ; no books are kq>t; ili 
the entire business is so utterly opposed to fair commercial pii» 
ciples, and so contrary to the law, that the apathy of magistrates ui 
police in reference to it is greatly to be regretted. Such houses m 
very numerous ; the business is carried on openly every day in tli 
week, including Sundays. An Act passed the Legislature a te 
years since having special reference to these houses, but it hm 
become a dead letter, being, I suppose, too impracticable to soppMi 
the evil. 

The most painful part of this subject is, however, the easy lii 
unsatisfactory manner in which goods of every kind are purchased Ij 
tradesmen of the highest respectability, who would shrink fbom kooi^ 
iogly doing any act in which dishonesty can be involTed i and yat I 






By Oeorge Aitenborough. 305 

e to state, that, armed with a few gentlemen's or ladies' cards, 
got ap exterior, and a fair amount of assurance, a person could 
w hoars easily dispose of the contents of the library, the plate 
nr jewel case, or any or all of the clothing or other personal 
of any person in this room, to shopkeepers who would not 
the smallest suspicion that the parties became improperly 
ied of the goods. 

enUeman walking through the streets of London, and doubtless 
fother large towns, will frequently see in windows such an- 
iments as '^ Libraries and parcels of books purchased,'' '* Old 
nd eilyer bought," " Wardrobes purchased," «&c., and should 
, by the offer of goods for sale, any of these houses, many of 
are kept by most honest and respectable people, ho will soon 
alpable proof of how little care is exercised in the purchase of 
ty, and how easily goods improperly obtained may be passed 
careless but otherwise innocent holders. The goods are, of 
, soon disposed of or converted into more negotiable condition, 
by the identity is destroyed ; and the fact that some of these 
I seldom or never appear as witnesses in cases of felony, while 
»rokers have not unfrequently to do so, is easily explained, as 
case a memorandum of the transaction is given to the pawnor 
be frequently retains, and the property is kept intact for 
s by the pawnbroker, while in the other case no memorandum 
)n to the vendor or made by the purchaser, and all evidence of 
insaction is speedily obliterated. 

I, however, quite unnecessary for either the owners of property 
ir servants to leave their houses to dispose of property of any 
nr to submit to answer uupleasant interrogatories as to whether 
re in legal possession of that property or not, as facilities for 
«dy disposal are brought daily both to the breakfast room and 
rvants' hall. I hold in my hand forty-four advertisements cut 
he Times of the 11th ult, in which parties are informed that 
of every imaginable description are purchased for cash, and 
' letters are attended to.*' It is probably presumed that this 
intimation is sufficient for the upper ten thousand, but from a 
istocratic paper I have advertisements which state that the 
isers give the highest price for '* Ladies' and gentlemen's 
ig apparel, regimentals, uniforms, officers' outfits, Indian 
books, plate, jewellery, trinkets, old china, miscellaneous 
ty, &c.," and " Money orders or cheques by return for country 
8." These advertisements appear almost daily, and are suffi- 
f expansive to include every article in a gentleman's establish- 
but to my judgment would be somewhat more honest and 
al with an additional paragraph to the effect that no questions 
inquisitive or unpleasant character would be asked. To test 
sent, during last month, in an assumed name and from a re- 
district in Wales, five parcels to five of these advertisers, 
panied by a letter to each asking for a remittance. Tho 
9 were purposely done up in dirty old paper and the letters 

20 



306 Tlie Trading in Stolen Property. 

written to correepond, so that they might appear as BUftpiciom « 

possible. The plate was engraven with various initials and creMi, 

In course of post I received remittances without a single qnestiit. 

I give the result below, premising only that what is c^cd the coH ^ 

price is the amount which I should readily lend at the present tim 

on the articles enumerated. ;, 

Coit. CMhML 

£, 9, d, £ tn I' 

No. 1. — Silyer plato, 14oz. 6dwt«. 3 11 9 ... 3 6 1 

No. 2. — 1 coati 'Ss.f 2 ycsts, Tm. 6r/., 1 pair trouBers, 5^., 

2dre8Bea.l2jf.,8iWor plate, Sox. 5dwtf.,45«. 0<2. 3 11 U ... 2 5| 
No. 3. — 1 coat, 8^., 2 vest^, Ca., 1 pair trouBert, Ss., 3 

dreflsep, 21^. (kl 2 3 6 ... 18 f 

No. 4. — 2 coate, 10;., 3 Tosts, 8«. 6(f., 1 pair trousers, is, 1 2 G ... 15 4 
No. 5. — 2 coats, 11^., 2 Tests, 59., 1 dress 7«., siWer plate 

40Z., i£v/9« ••• ••• .•. ... ... ••• «« t) V ... 1 O V 

They cost me ... .£12 11 9 

Total amount receiyed £B \0 v 

The parcel No. 1 was sent to a highly respectable silveramith, «|i| 
forwarded by return a fair trade price for tho goods» but the prai 
paid by the other four, who received goods of the total value (|i, 
pledges) of 9/., were no less than 3/. 175. below what a pawnbrofar 
would willingly have advanced, a rate of profit quite aufficienly Mt, 
only to tempt the cupidity of not over scrupulous persons, but to f^;. 
for costly advertisements, to which it is more than time that IM 
attention of the police was directed. None of these parties had, ffi 
have, tho smallest knowledge of the person they wore correspon£^| 
with, and I leavo tho members of this Congress to form their o«|. 
opinion of how far such a system is likely to conduce to reducing thi 
contents of their libraries, plate chests, or wardrobes. 

Some years since business called mo into the back or meltii| 
room of a London reiiuer, since deceased, and while there I m: 
struck with the fact that (apparently in the usual course of basinoA, 
crucibles at a white heat were in tho furnaces, ready for anjaii; 
metal that the next visitor might biing. Persons came into tbL 
room as freely as though it were a common room in a tavern, saf. 
took from their pockets or bags either gold jewellery, or silver plal% 
as the case might be, and placed them in the respective crudhil^ 
where they were speedily reduced to ingots, and purchased bj tU:* 
refiner, who evidently had no knowledge, and apparently no desire l9- 
have, what articles of plate, jewellery, or watch cases, the ingots b, 
purchased had previously composed. Again, I leave the membm . 
of the Congress to form their own opinion, simply stating that tk| I 
proprietor of this business was an illiterate man, who began life widl ^ 
a very small amount and died worth over 80,0()0/. Let it be nndflh; - 
stood that I make no charge against refiners, or any other body of < 
tradesmen, nor am 1 in a position to state that the practice above di- ; 
scribed is carried on at the present time ; but it cannot be denied tiiiti 
large quantities of manufactured' precious metals, the produce of ikfl* 
fully contrived burglaries, are continually purchased and broken upff 



% George AUenhomtQh. 3l)7 

by receivers, bo that it ia not without luqulrj' or scruple 
• to nsk how, aud wbei-e, the ingots bo acnuireU are disposud of. 
mBidering tlic remedy for the evik involved in iho rccuptloii 
a properly by nny persons whutevcr, whether wilfully or by 
of due care, 1 must nocesaarily leave the regions of fact for 
of opinion, but I hope to be able to shadow out a mode by 
tt they may be greally mitigated, if not altogeilier eradicated. 
call has been made for eome years for the appointment of a 
e prosecutor ; and though not disposed to discuss the question 
hw such ao officer ie needed for prosecutions generally, I am 
g^y of opinion that in all matters relating to prosecutionn for iho 
r reception of stolen property, a public prosecntor would be a 
aa' ctieok npon either the wilful or careless reception of such 
liTty. With regard to persona keupine houses where the police 
roason to believe that stoleu goods ore systematically dealt wiih, 
nblic prosecutor should, upon evidence being ptaued before him 
10 oath of not less ilian two credible persons, be at liberty to 
his warraut for searching tbe premises, and, if needful, he 
d prosecute the parties carrying on sucli business, and the pos- 
iQ of goods proved to be port of tbe produce of not loss than throe 
lies ^Duld be held to be evidence of guilty knowledge, cusiiug 
Uie accused the burden of establishing his innocence. Thero 
d be one such prosecutor for each police district. He should be 
risler or solidtor appointed by the Homo Secretary, and paid a 
salary fVom the county rates, without any fee or emolutnent 
kble &om individual prosecutions. It may also be u question 
her it would not be well to cast upon him the duty of vetoing, 
need be, of prosecuting, the authors of any advcrtisemenis which 
be classed with provocatives to crime. 
Hlers in second-hand or job goods of any kind whatever should, 

^^T Opinion, be compelled to take out annual licenses at a cost not 
i&ng U. each, and procurable at any money order post otQce in 
Waited £ingdom, such license to be in the form of a railway 
m ticket, and to have printed thereon the special duiit-s and 
Uliea involvad by its possession. Upon the purchase or taking 

^^change of any goods of second-hand or job character from any 
ensed person he should be compelled by law to cuter in proper 
t alt such goods, together with the name and address of the 
r tnd the sum paid, and within Iwenty-four hours of lUe pur- 
I should send notice to the police station that he had purcliased 
in goods and that they were kept intact for inspection, such 
r of notice, if sent by the post, not being liable to postage. The 
ity should be inspected by the police within twenty-four hours 
icipt of such notice and if they had reasonable ground to believe 
Ihc goods were part of the proceeds of a robbeiy, they should 
Bre from the public prosecutor an order upon the purcbuaer to 
the goods intact for fourteen days and to furnish them with the 
R and address of the person from whom the goods had been 
idiased. In case no discovery should bo mado by the police 
20—2 



SOS Tlie Trading m Stolen Pf^opert]/. 

during tlie fourteen days that the pcopertj was the prm 
robbery, the dealer should be at liberty to treat the bmi 
way he thought proper; but if« while in his possessii 
that of any other person, an owner should bo discovered 
goods, he should have power to reclaim them upon payme 
amount originally given by the first dealer, who shoald i 
the subsequent dealer any excess or profit charged to him i 
transaction. 

I would further suggest that all licensed dealers and pan 
through whose information robberies are discovered and th 
])rosecuted be paid not less than 10^. 6d, per day, or : 
thereof, for their attendance at police courts and on the 
the prisoners; and that, by some arrangement, the lo« 
should be reduced as much ns possible from the grieva 
which at present makes the prosecution of a criminal a 
fVightful to contemplate ; while the wretched dole of 2s, p 
more of a mockery than a compensation. 

I also believe that it is highly desirable that persons phu 
perty, or the parties offering it for sale or pledge, in the 
the police for investigation, ought to be protected from civ: 
in such cases, unless actual mala fidet can be proved agaii 
I suggest this, as at the present time any dealer or pawnl 
expected by the public not only to act as an amateur detec 
to do so entirely at his own risk. Actions against pawnbi 
such cases are but too common, and as they are almost ii 
brought by persons unable to pay costs, the pawnbroker kn 
he must in any case suffer ; and is therefore glad to comprc 
case, much to the gratification of unscrupulous attorneys, 
too readily lend themselves to such actions. 

I am also of opinion that the law by which an owner c 

back Ptolen property should bo amended, and that either aj 

public prosecutor should be arbitrators in such cases ; an 

the property has been lost either through the owner's vice 

caret CHHuess, the amount given or lent thereon should be : 

the innocent holder. The present state of the law in thii 

frequently presses most unjustly upon innocent holders < 

propeity, and cannot be other than a strong inducement to 

withhold information respecting it, ns that information if 

certain to transfer the loss occasioned by another person's vi 

lessness, or misfortune to themselves. A short time since 

broker lent 2/. 10^. upon a watch, and finding by the poll 

the following day that it had been stolen, gave informatio 

police, who, from that information arrested two females i 

accompanied the owner to a house of bad repute. They sti 

the prosecutor had given them the watch to raise money up 

the magistrate believing this statement, discharged them, bat 

the pawnbroker to give the prosecutor the watch without ] 

of the money advanced, thus making him provide the meani 

gratification of an immoral person's bad propensities, Casei 



Discussion. 309 

Qy anjusty although quito legal, are of frequent occurrence, and 
i bo moltiplied far beyond the limits permitted by the rules of 
Congress. 

J eondusions upon the subject under discussion are twofold, 
ely : — 

..) Hiat if all pawnbrokers' shops were forthwith closed by law, 
"e would be no diminution in crime, but that cases of detection, 
eiction, and restoration of property, would diminish in a very 
xptible manner. 

B.) That without any special reference to pawnbrokers, legislo- 
lis needful, and to be eifoctive in working should bo as simple as 
able in details. 

fear that I hare not only somewhat transgressed the ordinary 
it of time allowed for the reading of a paper, but have also in 
A degree tried your patience, for which forgive mo. My object 
not been to show that pawnbrokers arc eitlicr wiser or more 
est than other tradesmen. They are humari and therefore imper- 
, and as liable as others to be deceived by dishonest and desigu- 
persons, and all I ask for them is, that they should not be judged 
traditional theories or popular prejudices, but from facts, and 
li the same measure of Christian charity which is clicerfully 
vded to every other profession or trade, when one or more of 
r number commits an error or even a crime. If I have succeeded 
his, and in directing your attention to some effectual means by 
eh the ready disposal of stolen property can bo suppressed, I 
II have an abundant reward. 



DISGUSStOK. 

r. Serjeant Cox said all would feci extremolj indebted to 3f r. Attcnborough, 
had undoubtedly removed very strong prejudices that prevailed, even in the 
is of the judges, with respect to the connection of pawnbrokers with the 
ipt of stolen goods. He was at flr^t very much startled by Mr. Attenborough^s 
unent about the fewness of such recoiuts by pawnbrokers from professional 
res, but as he reflected, carrying bock his memory to his own experience, he 
i^t he could confirm Mr. Attenborougli's statement. It was t rue, as that 
bman stated, that in nineteen cases out of twenty, at least where the thieves 
> professional thieves, the property was not traced, but it was usnuUy traced in 
eases of servants and other persons who did not make crime a badness, but 
were tempted to commit crime for the purpose of some temporary gratifica- 
. He could also confirm Mr. Attenboroiigh in this, tliat it very rarely 
pcned, out of the multitude of cases which came before tlie courts, timt tlie 
^ bad any reason for reproving a pawnbroker. He did not think it had 
urred above three times in the course of his whole experience, and it was his 
f to try about 1500 prisoners every year. He could not recall above two or 
IS instances in which he had had occasion to tell a pawnbroker that he had 
Mred improperly. The difllculties were immensely greater than the public 
posed in desJing with transactions of this kind, because pawnbrokers could not 
when ft person walked into their shops from his personal appearance whether 
WIS ft thief or labourer who was pawning goods in a legitimate manner. 
J could only form their judgment from the nature of the article offered to 
to. It was perfectly true that articles taken to pawnbrokers as a general rul^ 



Thf Tradiwj lit Stolen Property. 





., _;2?v. 

n-alilj Ibcir urcupation of i ^ ^Tii'^^'^ 
tliiliTi KiHiila I'rurn F«rvuiil> uthI iitliiT wmini'. 'llow w«n) Mich p«raiiiu. «^^ ^ 

villi !> Mr. AllriiborHidi liiiil i'.>iiiiiU-l>'lv ttlRUMcU of the quraUoo :k9-k «I^ "^^i^ 
C«iilill«tl<>i<D«illilliP|a<tiibnilii'rii. lie tlmiiglit it would be difficult ^ -^"V^! 

limn III rply on tlw i-lmrwIiT iit iIip piwiilinikcn theniarlTC*, wid f »-i.-.»- -"^''jrff 
CiHiiliirl' lit ttii'ir iHwiiHiiii ntu- iiilisinni jnlly in Tvry gii'id lianda. VTiUk 
(ithrr clarHiM iif dniliTf , innrinp utiiiv dinlrnt nciro parliculitriji tha U^ 
iitl*-iii|itr<l lixlnd vriili iIk'iii. li rci|uin'il ihat tliry ibould not buv d 
wnii iiiip "f till- funiiirilr •■li.ii'rti - ■ - 

hlliulll mil llUy of IHTMlTIl 

i-pHiiin hoiiranr llu> dny. ii nii.. ••■| _.— •■»,. _», m — ^ ^ ■ 

dmliiilif, ciintaininK lli^ iiiunra nnd nildman ut tlie nenoiu trtiui mhm*^^^;^-* ^ '• 
biiiislil llirir gnudii. if tlii« liiw wen; ulrirtlj oWrrrd lucKirould bcuMfv^-' «y * ^ , -a 
n sniit i-lin'k iiimii mini', tif niiiri* ji wiu not ti) be cipBctal liint tbe(»^-^i»» *"V J 
liiyiti wiHiId bp i>f nny niliii\ for no ppnuin, pawnini! rt«lm k"™!'. "«JJ ft^^^f' ,** a. 1 
nvil nnnic or xhlivM, hiil t)ip un> rf tlip r^ntrj would iliow that tbed^^^^^ *^*'c -si 
iKjii^lit iTrMiii lliinitii nl n ctrlnJn time ?i>r n certain [irirc ; rurb intot'* *^,^ "f, ■ 
wiHilil bi- (iT (OMtt wliw III ihc jHilinv nml llio In* nuRlit m be eilrfmelj (k^^T* i** '•^, 
ill iiil'iircin|! all it* m|iiin>iiienlii. Uul, i» n (rifiHiT of rniTt, l)w law '*^L»t' ^''*' 
I'liriirred. Il niri'lv liik|i|>i'ned njini a cnK in wliirli a mannc ilore dMl»t*^ ^ji''' 
nmei'mHl eaitw ln-furr ibi> eimrt tbiir llic dmlpr liad ridBlled nil that in*nei^,^^'K9'^ 
<if bini— Ihat Ihi bad nlbcr biia|!lil nt the proper time or krpt a reguUr. -^ict^**! 
•iiHi nefilMi llirm wan ti» rmmly: on llie dmlcm could not be puniAi****^^ £ 
jiid^ ciHibl (iiil,v rrjinin- Ibmn. 'AVIiat hi< wiiulil like t» do would baU ^^ to 
inarine rtiim draleni. if tbry faib-d to obm'rre tbe ruiuiremcnta of tha*"-* ,, 

hv Ft|irrM mai'l inrntii~nt>)Hinpilde fur llie jinHCMion of KUim kociCk>^>^ 
tfiniw uiHin tbi'iQ Ibr Ininlpu of proof tlial they had not "^ -»•* 

fUNid* iliFlHilK^tly. Tlml uiiiild bo riiiP I'hrck iipin thrm. He nuo 
_.. .1. ._ — .. I. ... . _i.. .1. .1 _. ^ipj yj piodB br (mall tradeaman, 



•n of iHTWina vim ciirriiil mi no trade at all tut. that of mriTiiu i 9**- 
■ ■ ' B ke«ptn in LooCx 

I, or abop*, atutfi^fr^j 
V [ilaifH. in, iir ut llie cml uf alli^i, for initance. Ua tc 



Alan/ ut Ibi-ir bim-c* wrre' njipnn'ntly 



llip wi'll-kiiijwn rvctiTinc-liouaB keeper* i 

■■ " ".ic-liouio - ■ 



llie inii*tvBlualili>arIicb-K were acnl lo thiiM; place*. Ur. Attenborough ponxi^kn- rS-wa 
ailn-rtirviniiilti In Ihp nnwupajierii wbicli were a (irait tomplntion to pemm » — r-m _ ' 
Giiulitry, Jiaiiii'iilarly tn pi^riinlti wliu wimtcil immej. and wrrp able to ptf^rn ■->* 
aendin|i<ilT in a Kkfi> wsv l<i T»nib>ii nrtirlc* within ibrir meh and Setinrj j ji .^^ 
miHiev in ri-liirii. ISiii iliai iliil ni>i bITiti ibe rrcriTcr. What wai wuttd^E^^^ ^'^ft 
lindliim lii|p-t lnJilurbmi. If weciiibl KupRnrtaiiT mnna bT wliirhtlnfX^ '^•n^ 
be ai4iH'TiiI, inw ibfii-l of tin- Ijiw would be nrinvdiMf. He tliought the o-o ^[* "i 

in whii-li weniiibl i-fTrHunlly liil tlir rei-e[irpm winilil be by offering nm ^^^~-*J.- '^ 
inent lo tliKviii to "i.)ilit"nj><in ilmn. If wecould miikeererytweiTirl*^'^*-*'*";!)^ 
hi> Mil ilvnlins wiib a tliicf, thai he did niil know but that tlie tlurf mtiT-^^ J^ '^^/ 
liiin, we Fhonlit injiin- that nrcivi-r'a acruritj, anil inake him mipidoai ^r^ * ^^~^'t^ 
with tbii>v#ii lit rtll. Wiiubl il mil. \k p»K»ibla li> bold oul. n alrong indu(».^ ^»^ 

ntlniii lltnt mil. i>»lhnt Ibi- ni'civcr would be jmniBliiil inrtmil of tbetH^ "*" 'i^t^ 
KTPiTer wna in fncl (lie rrtniiiiitl. It wax an old uyinfi, but none the ^ti^^^~~ ^"^^ 
if thrro wnv nu nwJverH Ibi-re wniilil be nn tbiern, or very few. Tl^j^^Jt^ ; 
ivoeirrr llial ruhIp III!' Iliief, and tlicrcfore the receiTrr wb» the woi»e. ^^^^*' iJ^fl 
hail In amlencu Uith for a miiir be alwav* gaTe the receirer eiaetlj ftj^ U 

]Hiniabmpnt be sutv lu Ihp tliipf. If nlhicf gim the piilioe i^f"""— ^~^'liL*^ 
rpppiTer lie wmdd filailly Iw tijin |!o «iil rrre, if, br ao doin^, he rouliL ^^n;:^,^ V^ 
TVreiTpr. Hv thniebl aiitufthin): uf thai mrl iiiighl he done, for in c^ n^^^ilu^ 
I'Hmis Ihe bei-t prrTeiillTi- wn« l^i nuike criniinnli afmid of one ajiotl&^^i ^^ "g f^ 
M tlii\v hiiil cotiliik'ui'v it) i'::l' iiiK'!li<:r, llii;v would gij on committing c?^:-,-^'^^ 



"'"*<»,7 




Discussioru 311 

^^ coaMetic^t m between tbiereB and receivers, was destroyed, tbe bond of 
^^ ^uJd ^ loosened. It was, therefore, most important to offer inducements 
tf^'^^/iif./ m /odo this. An objection made to his view two yearn ago was, that the 
'2'^>e9(^£' fit thief was inadmissible; juries would look upon him with suspicion, 
Aip^yj^ -would not believe him. but a little mure credit should be given to 
.^^l^^^t;^ of prisoners, ^reat care of course being taken to test their evidence 
*^ ^ Idj the probabilities of the case. lie feared that a groat many of Mr. 

« proposals would be ditiicult to be carried into operation. He 
»ubted whether police supervision, or the appointment of a public 
ould ^t over the one groat tiisk of obtaining proof. What we 
obtam evidence of fact. Tho present law would enable us pretty 
if the facts could be proved, but tho dilllculty was to obtain proof 
such men actually did reccivo goods with a guilty knowledge. A great 
been made by the Habitual Criminals Act, now confirmed by the 
Crime Act, in throwing upon Uie receiver tho burden of proof that 
of stolen goods was an honest one, if that receiver Iiad been pre- 
ted, and warned that that prior conviction would be used against 
Id not conceive why that should not be tho rule in all cases. Why 
throw upon a man who was found in the possession of stolen goods 
^ proof that he had obtained them honestly ? Our law was founded 
-^t principle, that a man should be presumed to be innocent until he 
■ be guilty, and that the burden of proof of guilt should fall on the 
That might be ri^ht where there was no strong fact telling against a 
n he was found with stolen goods in his possession, surely there would 
lone to him, and undoubtedly a groat good would be dono to society, 
him to clear himself, and show how he had oome by tho goods, and, 
I do so, he must take tlie consequences of such conduct, on the 
ij^at he had received them guiltily. Mr. Attenborou^h had made one 
^-n to our knowledge, which would be of much practical benefit — that, 
"^olen goods were pawned, the persons who pledged them were not 
3ut accidental thieves. This would be an excellent test whether a man 
lional thief or not, and in future he should use it, and if he found a 
.Wen property had been pledgee^ it would carry to his mind a strong 
.^ the prisoner was not a professional but an accidental thief. The 
teemea with knowledge and instruction which might be made the 
f considerably improved legislation. 
-,^ 1AM Paeb (liondon) said : We know that without the criminal capi- 
minal labourer would not exist, and that the thief must have a home 
Now why should landlords be permitted to let their houses know- 
sves ? He ^spoke with personal knowledge when he said that there 
landlords in London, and he had no doubt there were in other large 
let houses to tliievos and gained higher rents from them, than they 
other people. That was a state of things that ought not to be. 
3rd was bound to inquire into the cliaracter of his tenant; and if he 
3i a house to a thief he ought to be responsible to tho law for so doin^. 
be no doubt tliat many criminals got off through most absurd tochni- 
ch ought to be removed. One important suggestion made by Mr. Hill 
"m^iilty intention, coupled with proved steps to carry out that intention, 
^'sstitute a crime, and bo punished as such. Tho principle of the te»t 
to be carried out for tlie purpose of detecting tho receivers of stolen 
persons who incited others to steal. What Mr. Attenborough had 
advertiscmonts was very important, and something should be done to 
s far as possible, the incentives to commit crime. This subject had 
the Congress for many years, and he held that the time had come when 
of tbe Association ought \o take it into grave consideration. If he 
Lcr he would move " That the two papers which had been read that day, 
others that had been read on previous oc-casions before the Association, 
referred to the Council for consideration, and report at the next meeting 
ly of the plans which had been suggested might be carried out, and 
should be taken to induce the Legislature to give them the force of 







812 The Tradhig in Stdeii Property. 

Colonel Batclitf (Birmingham) ntid hit eiporienoe led him to bdi 
stolen goods were constantly token to the pawnbrokers. ' That wm the ess 
of disposing of them. Ho also found frequently that the most ez])erienoec 
took tiio goods to pawnbrokers. From facts that had come to hia know 
concluded that pawnbrokers ought to be under a verj strict rtaime, A 
there was but one pawnbroking establishment, which was in the ha&di 
Goremment ; and such was the superrision that no stolen goods could 1 
there without being detected. Whj should not the same plan be iid< 
England ? He was persuaded that if it were adopted it would effect a c 
able diminution in the amount of crime yearly c<jmmitted. He had had w 
tunity <»f examining t)io establisliment at Valetta, and nothing could I 
urgnnix€<1 than the system there carried out. As to receiying houses, Uh 
bo known to the police, but it was impossible to adjudicate in recard to tbi 
out prooi. Mr. Serjeant Gox had referred to pubJio-housee. Wlien it wi 
that stich houses were liarbouring thieyes or receiying stolen goods their 
were inyariubly pnf»i>cnded, and since the alteration of the law there bad 
the Slime fsciirty for granting license!!. Therefore, as regarded publie-hc 
did not think thut there need be any apprehension. It rarely nappen« 
professional thief would giye information which would lead to the detc 
others, in order tluit he might himsi>lf have less punisliment. It would \ 
happy circumstance indeed if we could get thieves, when in custody, to 
what they had done with the stolen gofxls. Juyenile thieves would some 
so. Ho waa of opinion that Uie police should yisit lodging-housesa fc 
known tlmt payment was made at times by articles instead of money. 

Mr. J. A. Trlfer (Liyerpool) expressect himself at a loss to understam 
goyemment ofHcial, not haying the responribihty on his shoulders wliich i 
pawnbroker had, would bo a better judge of what was and what was not sfa 
perty. In tho paper read that mominfir there was a statement that in Loo 
one person ]iunished there were 5000 offences. If he rightly road Mr. Hil 
of last year, tlmt was founded on the supposition that every known rece 
posed of two articles per week ; that the Known receivers amounted to so 
like 4600 ; and tliat consequently 450,000 articles were disposed of per ai 
London alone. Tliis Mr. Hill' described repeatedly as an estimate. ] 
Telfer) deprecated any extraordinary value being attached to suoh e 
because when calculations were founded upon them they were apt to ase 
importance of facts. From the " Jiulicial Statistics, 18(>9," he could gii 
two facts — not suppositions — which pointed to a different method of dcaL 
ptolen property. It was stated tliat in the year 18(^9, in England aiu 
tliorc were 21,017 known tliieves, and 2U,(>3() suspected persons, Thi 
probably tho persons who perpetrated tho largest proportion of the i 
committed. But how many robberies were committed? 450,000? S 
robberies of personal chattels, such as could bo easily carried about and 
of wero 51,2ti0. Tliese figures coincided remarkably with the exact nu 
persons who were described as sus|)ected or known tliieves. Our duty, tl 
was to stop thieving as well ns the reception of stolen property. He br n 
advocated that ]K)rson8 should be allowed io receive stolen property as theg 
and without iKMiig punished for so doing; his only object was to point to t 
end of the scale which he thought our jurisprudence should attack. Then 
these 50,000 persons whom he aiisuiuvd to l)e destitute of honest mean 
sistence, a largo number wore thieveri from necessity, from loss of ehan 
througli tho want of actual bodily strengtii to earn a day*s wages ; and he 
it was the business of philanthropy and of philanthropical statesmen tofi 
means uf shutting them off from their nefarious occupations. 

Captain Caktwkight aaid that as a pawnbroker enjoyed in his busineae | 
vantages, there was no reason why he should not be subject to special reg 
and he did not believe the pawnbrokers, being, as a body, honest and strai^ 
tradesmen, would object, in return for special advantages, to have such re| 
imposed upon them. He agreed with Mr. Serjeant Cox that ezperienetc 
never took tho property they had stolen to pawnbrokers ; and, therefonb 
required amending in such a manner as to make it reach the plaoes vl 
property was disposed of, Tboeo places wcro known in all toe grett 



i not «Btnhed ^ Cho police, beewiw tixfj thniiglil Ihir 

] wftuili Uis UiipTos. Bat if the polios liad pi>wer oier suob 

f would at nnue go to the offioioU of priaonii, anil otoore haTing «inS- 

1 ndatinna wii.b the prisoners, anil thut get inrommtiun irliioli uiiuld bb mule 

», if iJidre worrj nHiini of following it up, 

tauiKT S*rrurii> wid it mu a great Mtisfaction to find that there iru tu b 
.imt • rar; Urge minount of HgrMment between Mr. llili and Hr. Attsn- 
k|^ M to the iteM whtfvh had bei>n tnlton to prerent the reception of Btolsa 
my, Menl dfolert wore not put under the enijie reetrintiom u p»wlibrokcr« 
; Mid metal doilfr*, he liad no hesitation in Nifin;. were the principal ea\ln* 
IwH* eriminalitT in the metropolig. Thej were tinder no nutrictiuna nt all. 
|of«an«d lo him that if regulations MMoewhat siiailor to thoH Applied to 
knken were applied to tlie metal dealers, and tbej wire bound to rDgialer 
tUfl( Um7 Twexed, and giiea receipt t» the seller for ererjthing piirotiused, 
— UH wonid gnUly assist in the prerention of crime. It might bo ni'l tliot 

-* wwdd dealrof the ticket; hut a duplicate mieht bs kept: and if the 

fna under a poiinl obliention to keep tuoh a duplicate it wuuld alwuya be 
tallia paUcw to sell uropcrlT to this person and to |li*o information asain't 
br nut Keeping diiplicittiis. Yba manne store dealers' duplicates ■hoald al»t> 
d for the purpose of finding stolen proi>ertj. A sohoolmaster who wna 
ly depritect of his pupils lUrougb their being taken to the [yilice-ttation, 
aing ooquaintaJ with the Habitual Criminals Act, procured the itnprJHin- 
B marine etare dealer who bought a clock weight worth WTea farthiiigi for 
"ng, from one of the bo;r'i *^'' '<■>'' '>^" P^f in^ with it in schoul. Tbie 






that before long, notwithstanding the dimcultiea tluit lay in the tray, 
m wnicb were the principal poinia ouinprieed in the papers of Ifr. Alten- 
jh Mkd Ur. Hill would be pawed. 

I HlU. said that in speaking of the number of crimes, Ur. Hill Hid not mean 

Btsirof nMirietiana, but uie number of thefts oommitted. The estimate 

VBded upon them and bis long experience, and it was not made ai mndom. 

WilMtbMOf SK. U,P., was utisSed that there wu, and Irnd been for manj 

B mott abiurd notion in regard lo tlie culpability of pawnbroker!, as a class, 

•BciftBd receipt of stolen properly. Generally gpeating, not onlj by Aot 

lianenl, but on every ground, it was not merely tlie duty hut it became the 

Kty of a pawnbroker to take care that his business woe carried on honestly. 

tuSfHtai toot oocoaionally pawnbrokers of a low cbies bad roceircd stolen 

t Mid taken procovlingt to cover their crime. As a general propnaition— end 

with much experience in the manufacturing districla in the north of 

-«di*hoimt pawnbroker was nearly, if not abeolutely. impossible. The 

bf with RMtal dealers and tboee who were known to be rooeivers nt stoltm 

WVf, liTing in the rery heart of a town. He saw no reason why men who 

fawTD to keep rcaeiTiag houoes should not be put under much more stringent 

"UN than tboee the pawnbroker was subject lo. He thought thers was 

■n Act which ordered metal and marine store dealers, as Iboy were 

called, td keep aregisl«rof suchthingsae Ihey purchased, but thelaw 

go (kr wioilgh heoaufo it did not impa» a penalty for not keeping such a 

. B» did not think mueb good would be dona by giving a rBCeipl to the 

O had brought stolen gpoSa for sale. He held that some penalty should 

foled on the reeeiTer for not keeping a record of the articlee be purchased. 

R north of England the marine store dealer wu praotically without control. 

' twen Baked why a system similar to that in vogue in Valetta could not be 

md into tbie country, and he saw a good reown why tlut could not be 

TalBtto was a rery aniill pliue, and the juriMliction wiu an extr<<nielr 

Wio. Bngland with all its Gommercial interesta and all ita wealth ROiild 

B»d« labinn to provision* applicable lo a plaoe as small as Tolettn. Then, 

BStook not, there were eTiU connected with the Croremioent institution in 

, tlie litaMt d« Putt, which required a graat deal of reitriotion. The Moale 

} is Igtmt, ItBneillea. and Pnris h«l been charged with lending it? ai4 to 



314 Tlie Trading in Stolen Property. 

governmont for goTem mental purpotes. He could not help tbinkinff U«tif 
fouie course of action were pursued, luch a« he had indioatea, by whioi pMi. 
brokerf and marine storo dealers could be put under fair but not oppnahi 
rcgulationc, the system of pawnbroking, as it was in England, could beeaniadti 
much wore cosily and with fur Iwttor results tlian by liarin^ central oflkvMek 
OS those in France. It was a very dangerous projxisition indeed to sweep §mm 
any business wlmtever under any cinni instances, and logislatire action in thi 
country must not bo called upon to take measures which bordered on the intea* 
peratc. It would bo erroneous to say that because crime liad been deteeted k 
particular instances, the paunbroking tnule, or any other trade, should be irat 
awav, and tiint a new sytit^tni, unknown, and almost up to this moment untboqpk 
of, dliould bo put in the place of that which, after all, had not been found to mm 
worke<l bv any ini^ans evil. It did not follow that because property wasboo^ 
for loM tLan its value that there was anything wrong in the transaction. Ant 
might bo out on pleasure, find his money run short, and be without mesBirf 
sui)plenientnig his rt^qiiireniontfi. Upon that he might pledge his watch forliL 
The pawnbroker would lend him more because it was worth more, and, iidtd, 
it would be his interest t^> loiul more u}Mm it^ but all that was wanted migfathi 
simply the railway fare homo. In such u transaction there could be nodv| 
wrong on the part of the jiawn broker. 

Dr. Wises (New York) obK-Tved that Mr. Serjeant Cox liad suggested a method 
by which the class of receivers of stolen goods might }>erhaps be to a great eiteit 
suppresMxl, if not extenninaU.Hl, namely, by inducing the tliieres themselfei ll 
" blow" or ** split" u|K>n tiio {>ersons'to whom Uiey took the atoDen goods, lb 
thought nothing was moro essential to the suppretvion of thieving than to tnpfim 
the ])estilent class of receivers, who wero the breeders of thieves. He had vnM 
a largo number of gaols in Americii, and cfmverse<l with many of the thieves floih 
fined in them. After ingratiating himself a little with them he bad freqiMrilf 
put the question, "What is the condition most onential to your success in tM 

Iirosucution of your business?" And the uniform answer had been in 8ub8taiiee,*ft 
mow all the * fenccH* witliin a circuit of twenty-five or thirty miles." •*FeBfl«* 
was tho word usc<l to describo receivers. The ]X)int upon which his mind labomi 
was whether we could induce thieves to do a thing which would destroy tUr 
business ; and if Mr. Serjeant Cox couUI give a satisfactory answer to this qucUki 
a great benefit might bo done to society. 

Mr. Serjeant Cox said tho process by which he proposed ti) achieve that «d 
was by exempting tho thief from punishment if ho gave such information ■ 
would enable the court to convict the receiver. Of course this could not bedoH 
cm the unsupported evidence of the thief; hut liis information might lead to tfai 
production of satidfiictory testimony as to tho cul^Nibility of tho piirsons poinied 
out. If this could bo done, distrust would be thrown among rcceiven, andtk^ 
woidd feci themselves imsafe. 

Captain Caktwrioiit romarke<l that there was hardly a professional thief wbs 
did not say that ho liad not a grudge againtttthe receiver, and this would makethi 
method suggested by Mr. Serjeant Cox moro likely to succeed. 

Mr. Attkndorouuii said he ha<l an o])p<jrtunity not long ago of having MM 
talk with a man who had been three or four times convictra of burg^ariet. Bi 
was known to be so clever a hand that his nickname was "the Jumper," thift 
having boon given to him bccauf« ho was able to jump out of a first-floor hviMm 
with a plate-basket in his hand and not spill any of the contents. Hs W 
now, however, endeavouring to cam an honest living. Having asked him te 
information in writing, the man sulisctiuently wrote as follows: — **Bui>da»tfl 
systematic thieves never pledge stolen property at pawnbrokers ; they aupoM d 
it to persons called ' fences,* men who never tlueve themselvef, but who ottflOM" 
mand at any time any amount of money to buy stolen property. These mB M 
a numerous class, ^me keep shoi)8 and puss as respectable tradesmen, olIlB 
keep public-houses, and others do nothing but bu^ and sell. In the flnt phoi— 
I am speaking of tho professional burglar and thief and not of petty oiie»--whil 
a burglary is going to be done, and a good one— for instance, such as Lord Foii^ 
— the fence is told of it in orfler that he may be prepannl for the burfdan wMi 
they come, and it turns out all well. Benjamin, of Higley Street, Bed Lion Stn4| 



Prevention of Crime. 315 

w the man who bought all Lord FoWs plate, excepting a few small things ; 
id Poewy waa the man that took it to him. I mention the names of these two 
MB because they are both in Australia. When stolen property is taken to 
wen, if it IB plate, it is melted down by them before they giye you the money, but 
at bj all fenoei. Jewellery and watcbes, if in largo quantities, are sent abroad. 
!Im jewels are taken out, and the gold goes into the pot, but neyer to the pawn- 
ipkm." He had no doubt of Uie good faith of the letter. Mr. Hill had 
wi that the intent to commit crime should be punishable ; but how was a 
mon'e intent to be ascertained. He maintained that it would be exceedingly 
Infrmii to legislate for intents. He thought it would be utterly impossiUe 
»|ei a thief to '* split*' on the rooeiyer, for if he were to do so his life would 
It in danger. Further, if such a system were carried out he felt certain 
kit it womd be attended with danger to the liberty of honest men. As to Uie 
nden of proof, his idea was that if a suspected house was searched, and part 
H the produce of three robberies found in it, the occupier should bo assumed to 
hnl in stolen goods and be punished accordingly. He hoped be would not liye to 
m the busineis of pawnbroking handed oyer to the Ck>yernment Was property 
■f« in Fhmoe and Malta than in England ? and if not, the systems in those 
poultries were no improyement on our own. There were no satisfactory means 
of letting at the fair yaluo of the goods that were stolen. The coat, for instance, 
■boh he waa wearing, was worth 'M. to him ; but, probably, if ho wanted to sell 
4 he would not be iu)le to get aboye 15«. for it. There was the recent case in 
■faiGh a butler stole a quantity of plate, on which 86^. was lent. When the case 
PMM before the magistrate the yalue was put down at 800/., but when it was 
■li^iBd it was found to be not more than iSOl, It would thus be seen that the 
abi put upon property was frequently fictitious, and could not, therefore, be 
tiki on. Pawnbrokers were subjected to seyere criticism. There were 30,000,000 
of pledges in London and the neighbourhood during the year, and in that yast 
■nber of transactions, by 470 pawnbrokers, it was not surprising if there were 
HOM enors. But it was yery rarely that the magistrates who were constantly on 
^ Bench saw cause to reproye or reprimand pawnbrokers. During his forty 
fmnf experience no judge, and yery few recorders, hod done so. Pawnbrokers 
oight to be lodced upon more charitably and with a more liberal eye ; and if his 
pMT brought that result about he would regard that day as one of the brightest 
of Ids life. 
Hr. Serjeant Cox haying seconded the resolution, it was carried unanimously. 



PREVENTION OF CRIME.* 

The Rev. T. R. W. Pearson read a paper containing ** Some 
Phctical Suggestions as to the best means of Preventing Crime in 
Sng^d and Wales." He pointed out that the criminal classes of 
Ei^iaDd and Wales reached 15*4 per cent, of the entire population. 
Hb experience led him to think that to correct was not always to 
(lerent He suggested the erection of preventive establishments, 
Ae portals of which should be open at all times to those in danger of 
tnptttion. To those who are hahituh of our gaols a money pay- 
ment should be affixed to incarceration. All the labour performed 
b prison should go to the reduction of the rates, and the cost of a 
friioner's maintenance whilst in gaol should be defrayed by him 



• See Transacliont, 1865, pp. 105-203 ; 1866, p. 208 ; 1867, p. 70. 



3 1 6 Prevention of Crime. 

after his discharge, such liability to bo paid, under police supervision, 
by InstAlments, and such supervision to ceaso when all dio inslil- 
ments were paid. The number of admissions to gaols was ali- 
mented by the ** drunk and disorderlies,*' who, by the way, ww 
not so much victims of quantity as quality. Let them force thi 
excise ofRcer to the proper performance of his duty ; let the number 
of beerhouseij bo restricted; let workmen be paid on Friday ;te 
employers, if they would, pay their employes at their own homei; 
let no benefit society hold its meetings in a public-house; let pnb^ 
licans, known to nervo an intoxicated customex:, bo fined beaTi1j| 
repeal the Wine Licenses Bill of 1860; let tho power granted to 
grocers and confectioners of selling wines and spirits be taken ftwnri 
let no license be j^ranted to any person on his or her individual apfn^ 
cation ; and lastly, let all education have religion. He recommenddl 
and enforced (1.) Tho anticipation of crime and its prevention by tls 
erection of Preventive Establishments. (2.) The necessity of tm 
us the accompaniments of sentencoJ>, such fines to be levie<l by instil* 
ments under police superviniou. (3.) The enforcement of the Exdtt 
laws making penal the adulteration of all excisoable articles and otki 
restrictions upon licensing houses and their habituis ; and (4.) Ha 
paramount necessity of a religious education as a preventive of 
crime. 



Mr. J. II. Balfour Buownk read a paper on '*A 
Efficient System of Punishments with a View to the Reprenkn 
of Crime.*' Tho objects of punishment, he said, were three: — (L) To 
prevent the individual punished from again committing crioei 
(2.) To deter others ; and (3) if it bo possible, to reform the criounil, 
and muko him a useful member of society. It was a &ct that thl 
present punishment did not prevent a relapse into crime. We inti 
men and women who had been eight times in prison, and they wol^ 
with all solemnity, and a few words of red tape advice, sent to pod 
servitude. Was not this a solemn farce? Did not tho reappeanuN 
of the criminal in the dock prove something more than jodg^ 
suggested in charges to grand juries? Did it not prove thai sir 
system was a useless i^ham, in so far as the prevention of a rsooa- 
mission of crime was concerned ! It was only the first plnnge inH 
))ri8on that was horrible. That over, there was a considsnUo 
amount of comfort and enjoyment in prison, and that and Uie aiiauiN 
look which the world gave to the criminal rendered punishmeBt^M 
a means of preventing ciime, utterly inctiicacious. Passing OTeriM 
unnecessary for his present purpose, the deterrent effects ol pmurih 
nient upon those who would not be kept virtuoos except by sthtf 
considerations than tho fear of incarceration in prison, the wrilv 
asserted that none, or next to none, of the crimhial class proper 
ever made useful members of society. Starting from the 
that none should have liberty who were unable to use it, he said tbn 
was little doubt that that which was enrned alone was valaiUk 
Most gifts and charities did barm. He proposed, in snbstitiilta of 



Tnfenuiiionat Prtton Conijress. 

I present system, a ttyateia of Goes in coDJunctiou willi irnprlsoii- 
i. It WU3 n syslem wliich would compel the iudividuul AimMlf 
J for liis criminal transgression. It was a syatem which woulil 
Ct n money payment Trom the criminal in the sbapo of the labour 
vhicb ho was best suited by liis training, habil«, or capacity. A 
r should he allowed to do what ho did onlside in i^o far aa 
t ires compatible with a certain ejstem of prison discipline. By 
\ means a man would be able to eai-n a aulficieut sum of money 
Bcompense the GoTemment for Ihe whole expenses of hia deten- 
I in person. He might be allowed to work overtime in order to 
Tot csira comforts. His gains, afler they hod been applied to 
mra maintenance, ought to be, in the second place, appropriated 
Die support of those who were, previoas to his imprisonment, 
'ent upon his exertions. And further, be thought that out of 
irniDgs prisoners ought to be able to savo a certain sum, under 
weoftlie prison governor or Ireasurisr, and that certain aum should 
'he measure of the punishment of the criminal. If this system 
i adopted, the sentence of a man would be that he should be 
ined in the house of correction until such time as he bad, by his 
9 labour, after paying for hts own maiuteniuice, and that of those' 
gwere dependent upou him, amassed n certain sum of money, 
this way punishment would become naturally systematic and 



r Remarks on the Intematwnal Prison Congress /or 1872. 
B'y the Right Hon. Sir Walter Crofton, C.B. 

Is meetings of the " Repression of Crime " Section have 
• always been of importance, and on reference to the records 
liir proceedings it will be seen that our discuaaions have very 
erally produced legislative and administrative improvements— 
« not always as speedily as we may have desired — but they 
abeen made at last, and very much in the form which we have 

Tot important as our meetings have always been, the importance 
cry much enhanced on the present occasion, because we have 
par midst a very distinguished gentleman (Dr. Wiuca), who has 
B appointed from the United Slates as a Commissioner to arrange 
ao "International Prison Congress," in London, during next 
uner. 

Iiose conversant with penal discipline, and the reports of the 
ion Asaooiation at New York, will at once recognise the judl- 
s selection which bos been made in the appointment of Dr. 
M. Reports on penal discipline from Germany, France, Italy, 
from our colonies, very clearly illustrate the influence which the 
Hu Association of New York has so beneficially exercised. 
Wa are moat of us aware that there was a National Congress held 
Cinoinnati la October, 1870, oa Penitentiary and Reformatory 



3l8 International Prison Congnsi. 

Discipline ; bat not many are informed that this Congress rsi 
in the declaration of a very large number of most importani 
▼aluable principles. Many of these will, no doubt^ be Tery 
roughly discussed, and from many points of vieW} at the Internal 
Prison Congress. I will invite your attention to a few which I 
will, at the present day, be accepted with very great anani 
namely, that — 

I L^The progressive classification of prisoners, based on chan 
and worked on some weU-adljusted mark system, should be estaU 
in all prisons above the common jails. 

II.---Since hope is a more potent agent than fear, it should be 
an ever-present force in the minds of prisoners, by a wdl-dc 
and skilfully-applied system of rewards for good condoct, ia^ 
and attention to learning. Rewards, more than punishment) 
essential to every good prison system. 

III. — The prisoner's destiny should be placed, measurably, i 
own hands; he must be put into circumstances where be will be 
through his own exertions, to continually better bis conditioi 
regulated self-interest must be brought into play, and made consi 
operative. 

lY. — High qualities and a special training are required to n 
good prison or reformatory officer. Then only will the adc 
tration of public punishment become scientific, uniform, and so 
ful, when it is raised to the dignity of a profession, and me 
specially trained for it, as they are for other pursuits. 

y. — A system of prison discipline, to be truly reformatory, 
gain the will of the convict He is to be amended ; but how i 
possible with his mind in a state of hostility ? No system can 
to succeed, which docs not secure this harmony of wills, so thi 
prisoner shall choose for himself what his officer chooses foi 
But to this end the officer must really choose the good of the pri 
and the prisoner must remain in his choice long enough for vir 
become a habit. This consent of wills is an essential condit 
reformation. 

YI. — The most valuable parts of the Irish prison system 
more strictly penal stage of separate imprisonment, the refom 
stage of progressive classification, and the probationary staj 
moral improvement and natural training— are believed to I 
applicable to one countiy as another — to the United States 
Ireland. 

YH. — More systematic and comprehensive meUioda shoal 
adopted to save discharged prisoners, by providing them with 
and encouraging them to redeem their character and regun 
lost position in society. The State has not discharged its whok 
to the criminal when it has punished him, nor even when i 
reformed him. Having raised him up, it has the further duty 1 
in holding him up. And to this end it is desirable that 
societies be formed, which shall co-operate with each other is 
work. 



Si/ the Rigk Hon. Sir Waltei- Crofton, C.B. 



319 



kin the last few weekB I bavo received the report of a Com- 
ou Peoal Diseiplioe ia the colooy of Victoria. Tou will be 
learn that thi'i report eatirely approves tlie principles which 
•a long adrocateil, aud, under the oitine of tho " Croftoii 
whicb had been thoroughly iorestigated by a commissioner, 
kends its adoption lo tho utmost exteiit which the position of 
ny will allow. Tho report says : — 

t the testimony borne to its value by eminent jurisU and 

n in all parts of the world, are coauliiaive arguments in its 

The souuilneas of ihi) abslrjwt principles upon which it is 

le careful minuteness with which its multifurious details have 

pvught out I tlie manner in which each step in the disciplinary 

,ia made lo conduce to the same end, namely, the reclamation 

prisoner; the skilfulness with which the co-operation of the 

himself towards the attainment of that end is gradually 

and the sagacious blending of severity at one stage of the 

with demeucy at another ; all these are. elements in the 

system, which hardly seem to admit oE iraprovemeot. We 

errors incorporated them, so far as possible with the system 

use for estnbliiihment in Viutoria." 

by oompniiiig this approval of principles, for which we have 
conteojed, with those which I have stated to have been 

I at the Cincinnati Congress, it will be gratifying to note how 
n accord thoughtful minds, after carefol examination, ore on 
It essential points of penal discipline. 

bid ihts great coucurrence on fundamental prinoiples in the 
lad opinions of Professor Mittermaicr, of Van Der liruggen 
[y Uiuiater of Juslico in Holland), and Count Cavour, who 

passed away from this world. Wo liud it in the very recent 
Dil opinions of distinguished men in Italy, Germany, Franco, 
I, ana in many of our culoaics. I hail tbis great accord on 

fundamealal i>rinciples essential to a good system of penal 
le, as a harbinger of a successful international gathering. 

II do much no doubt at tbis mectiug, and there is much to be 
Airtber a besoficlal development of these principles. It is 
\g to accept theories; it is auother to make practical appli- 
}f tbem. 

we quite eure that our practice is up to our theory, and do 
suMcient thought and time to attain this end I I do not 
that we do. Wo worked very hard some few years since 
our principles recognised, hut after their recognition it 
lo me that we slumbered and slept, and did not take suf- 

heed of their development. For my own part I cannot read 

wrts of the New York Prison Association without feeling 
raal amount of good the eserlions of a similar body could 

, this country. 

rood the prison literature of the day without realizing 

[ro never was a lime when the public of all nations more 
Deceasity of dealing with prison reforms than at present. 



320 tniet^naiional Prison CongrM. 

What do wo find in a neighbouring country — although diBtra 
with its troubles and its cares? The American commissioner not 
a most warm and active interest in this question. It is well km 
that the Emperor Napoleon, before the commencement of the 
with Germany, had actually appointed a commission to inquire 
the best means of employing liberated criminals. 

Let us briefly glance at our own position in this matter. Dv 
the last Session of Parliament a '* Prevention of Crime " Aet 
passed — it has superseded the '* Habitual Criminals Act," wl 
although undoubtedly of value, aimed at too much, and eflbcted 
little. 

I have so oflen pointed out the shortcomings and impracticaluli 
of some of the provisions of this Statute that I need do no more al 
present time than congratulate the meeting on having obtaiiK 
substitute, which will enable supervision to be carried out n 
systematically— with less oppression to the criminal, and yet i 
greater protection to society ; I am of course assuming that sufBe 
pains are taken with the development of the new Statute— If od 
wise, all legislation of this character defeats its own object. Bi 
strikes me very forcibly that these restrictions on the crini 
classes render it doubly imperative upon us to divest them of na 
hardship. Some few days since I was reading some of my rep 
on the Irish Convict System — written eleven or twelve years n 
1 found that in urging the general adoption of registration, sq 
vision, photography — intercommunication between governors of gi 
&c., I took especial pains to add that this was only part of a whol 
that it should also be felt that each criminal, previous to his Qm 
tion, has been invited to co-operate in his own improvemeati i 
that he has been made aware of the stringent course which nil 
pursued towards him afler his liberation. 

I have also added, that the great desideratum of obtaining 
co-operation of the public in the absorption and reclamation M 
liberated convict is better attained by the exhibition of those dirir 
of amendment in a form to generate the confidence of the poUk 
the tests of character and temptations to which they have b 
exposed ; those desirous, of amendment having been so provel 
a very strict requirement, and rigid system of classification k 
ordinary prisons. Now, is one prison system in this country of ■ 
a nature as enables us to feel that each criminal, previous to 
liberation, has been invited to co-operate in his own amendHi 
Wc know that the '* mark system," which, if judiciously mA 
conduces to this end, is carried out in the convict establisbna 
But how stands the case with the longer sentences in the countjrj 
borough gaols ? In some instances this question could be ■ 
factorily answered, but in the great majority, I much fear it wc 
be otherwise. There has been a great desire expressed to inqi 
into tho operation of the Prisons Act, 1866, for there are ■ 
complaints with regard to the want of uniformity in the treati 
of prisoners under the same sentence. 



Sy the tiighi ffbn. Sir l^aJtfr Cro/ioj, 

-J uncleniablo in these daya of progress that sufficient lime 
[ftpsed to produce eitlier giioJ »v bml rosuU§, and therefore au 
~T bj committee or commiti^iiQn carmot fiiU to be of value. 
m opinion is, that the Statute lias elTecied much good, but tbat 
i been ver;r imperfectly ileveloped, and is susceptible of great 
Dvement. 

Ith regard to the more natural training of convicts before 
e, we have not done very much. We certainly have refuges 
T female convicts, which assuredly tend to recoucilc the public 
tar employment. But with regard to the males, we have 
ig of 8 very special character to loolc at as an illastrtttiou, 
id the coDvict encampment at Lusk, near Dublin, wliich has 
I lest of fifteen years* experience ; and when we consider 
ricts which have passed through ihe ordeal in 
^e, the really self-government, without abuse, which has pre- 
l in it for so long a period, the retention of the system by so 
different governmeols, the many chauges in executive offices, 
mit that it is a model which should be very generally followed, 
I which raeriis very close attention by the InternationBl 



L of the 

ione good servico 

lie rtconimends 

ks of the countiy, 

liner m which lie 

I Qcouomical 



fl exhibition of criminals in such a form conveys to the thought- 
Ind much more than appears on the surface, both with regard 
Mt has preceded that stage, as well as to what is to follow it. 
few months since Captain Du Cane, the Ciiairraan of the 
ion of Convict Prisons in England, brought the subject of the 
lyment of convicts before the Society of Arts. I had not the 
lire of attending the meetinc;, but I have road a pamphlet 
bh by Captain Du Cane, lecoramendiog th 
tynieut of convicts, and I am sure he has 
)CaIling public attention to tho point. 

mployment in the ditfefent detence woi 

hough he does not mention the precise nii 
I locaU) them, we may, I think, fairly assi 
Ab that their location and treatment would be of a different 
p from what it is in the ordinary prisons — and we should by 
means present the criminals to the eyes of the public with more 
ftl and reliable tests of well-doing. We should thus be enabled 
nKluceketnreE, and other npplianaoa calculated to induce amend- 
,wlilcb It would be dillicult lo carry out iu ordinary prisons. 
Is has been brought very forcibly to my mind of late — in coa- 
oca of a strong desire expressed by the Temperance Associa- 
D have their lecturers admlttad to prison. Now, knowing the 
t to drink which the criminal classes generally are. I cannot 
tll« conviction that it would be extremely to their advuntage 
they should have the opportunity of hearing such lectures. 
the Carlisle Uefuge for female convicts at Winchester, with 
li I am connected, we have latterly, through the kindness of 
Temfwrance Association, eiperienced the ndrnntago of these 
I am not prepared to say that thero may not be some 
"■" Hi 



822 ProUctian of Animals^ 

difficulty in carrying out these lectures in gaols, but I believe them 
to be mainly on the surface, and by no means to be weighed againit 
the beneficial results which would most probably accrue. Iff hov« 
ever, these objections should be deemed insuperable, I submit thtt^ 
it is another reason for dispensing with too much restraint dnring 
the latter period of sentences. 

Let us think of these things, for we shall haye to discuss then 
very minutely at the International Prison Congress. 

The Belgian system will no doubt engage much of the time of As 
Congress. It appears to us that it would be almost impossibii, 
consistently with the due preservation of mental and bodily heallk, « 
to detain in strictly cellular confinement, prisoners for twenty ^od ^ 
even thirty years. Mr. Tallnck is, I understand, to give the SectiM ^^ 
an account of his visit to the prisons of Belgium and Holland, whiob ^ 
will be extremely valuable in considering the subject. i 

For my own part, without entering into the question of how ktf i 
it may be desirable to retain prisoners in strictly cellular confiaemat, \ 
I feel bound to demur to the direct liberation of prisoners from nHh ^ 
an artificial treatment^ believing that the public will not co^openti ■-. 
in giving employment to prisoners without it can be shown Ast , 
their tests, previous to liberation, have been of a natural and reliabia i 
character. No person has a higlier appreciation of strictly cellakr ~q 
imprisonment than I have, but only in its place, and that place, fcr I 
the very important reasons which I have given, is not at the end of % 
sentences. 1 



Amendment of the Law relating to the Protection of Animah.* Bf { 

John Colak. J 

ii TN the case of cruelty to any of our own kind, the oppressed has j 
X a tongue that can plead his own cause, and a finger to poiat i 
out the aggressor ; all men that hear of it shudder wiih horror, anl \ 
by applying the case to themselves, pronounce it cruelty with thi ] 
common voice of humanity, and unanimously join in demanding the 
punishment of the offender, and in branding him with infamy. Bni 
in the ease of cruelty to brutes, the dumb beast can neither utter his 
complaint, nor describe the author of his wrong ; and if he eoaH 
what laws are now in force, or what court of judicature does dov 
exist, in which the suffering brute may bring his action against the 
wanton cruelty of barbarous man? " 

The above question was asked by an eminent and learned writer 
in a work, entitled *' The Duty of Humanity to Inferior Creatare%" 
which appeared about a century ago ; but it was not until the yfltf 
1809 that an application was made to Parliament for a law to protsot 
animals. The Bill which Lord Erskinc introduced to the House cf 
Lords passed witliout opposition, which circumstance, ia these dqi 



H* 



• See Trandoetiotu, 1870; p. 282. 



By John Cohm. 323 

I Upper House, should he lemcmbereii. if only to 
li mii me&aiirea are not inrttrinbly thrown oul, but are 
snacted trith ulacrity, by that august aasembly. The Bill 
passed by the Lords was r^eoted by the Coinmou«, 
ittempt iQ FarliameDt a pause occurred, when the pro- 
B question appears to liuve been clieckcd by the war (and 
blesaing ia not blighted or withered by war T) In 1822 
trtin, ossiBted by Sir Francis BurJatI, Buxton, Wilber* 
thcr^ brought a Bill into (lie Uouae of Comniona, similar 
proposed by Lord Erskine, which was ultimately poaeed 
Aniendmeuta wern made during (he reign of William, 
twelfth and thjrteeuth year of the present reign a slill 
ndraent and extension of the law was made by the Act 
lore effectual Prevention of Cruelly to Animals." This 
rfdea in its principal seoliou — 

any person aball, from and after the passing of this Act, 
, ill-treat, ovcr-drive, abuse, or torture, or cnusc or pro- 
ruelly beaten, ill-treated, over-driven, abused or loitured, 
, avery such oflender aball for every such oQence i'orfeil 
yenolty not eiceedJng Rve pounds," 

•n, we have a bappy response to the questiou — " What 
force against the cruelty of man towards dumb beasisl " 
be olnurved tliat the section just quolei) punishes every 
every offence against ani/ animal. At first aij^ht this 
ouM appear to Ijo aa complete us Ihe most nnlunt advocate 
' could dcsir^ i but if we turn to the interpretation clause 
that the word unimiil shall l>e taken to mean nny " horse, 
9g, bull, ox, cow, heifer, steer, c:tlf, mule, ma, sheeft, 
pig, sow, goat, do)r, cat, or any other domestic animal " 
a lay, among the myriads of senticut creatures whloh 
bout the country only a few, and thoso in the service of 
« protected agaiust wanton croelty. Herein is the great 
! Act to which on thlji occasion I shall have the honour to 
tentjon. 

1 be more convenient before doing this lo nssuino that 
) no discussion at thii< Congress in respect of the proicc- 
!Btic animals from all and every kind of cruelly, and 
) proceed at once to the examination of the imperfect 
f the present Act, which, as before quoted, was di?signed 
Uial preveulion of cruelly to domestic animals, 
lection is directed against the fighting and bniiing of dogs, 
her animals, when carried on in a place kept for ttio 
[otliing cnn exceed the loathsome cruelty of the^e offences, 
source of coneiderable pride to the Royal Sooicly that 
rts mainly soch practices have become illegal. Owing, 
its bad construction, this section does not forbid baiting 
;, provided the offendcia select a field or yard, or other 
ilaoe, for the performance of their delectable amusement. 
% Mrpnw permts acquaiaied with Uie shrewd iaatinctB 
21—2 



324 Protection of AnimaU. 

of tho dog and cock-fighting fraternity that this defect of the ImI|| 
especiallj with regard to hadgers, has heen detected by the '* ftum* 
and that, consequently, in many parts of the country, baitiDgandfip^ 
ing have been carried on with open defiance. Again, under the adriei 
of counsel, it appears, these loTers of low sport carry on daily «- 
counters between dogs and rats — " beauties fresh from the sewen^* 
as their sennation announcements advertise the public. The nt- 
pit is undoubtedly kept for the above purpose, but also to provide a 
convenient cover for occasional dog-fights and other sport On tks 
ground of cruelty to dogs (if not to rats), and to prevent the fartfaer 
development of sanguinary instincts, these degrading exhibitioii 
ought surely to bo forbidden by an amendment of the third sectkm 
of the Statute. 

An alteration in sections 7, 8, 9, 10, 11 is needed to prevent nM 
called knackers' agents from evading the Act by purchasing hoiM 
consigned for slaughter and selling them again for labour* lUi ■ 
lamentable defect enables thousands of men to perambulate Un 
country and collect infirm, miserable, and of^en diseased horses, th 
wrecks of past favourites, and these poor things are made to travel «m : 
hundred, two hundred, or three hundred miles to save their mercilMi 
owners the cost of railway carriage to London as dead caroiMi. ■> 
They feed perforce on the high-road grass and thus endanger otbv 
horses and even human beings should they be affected with glandcii^ 
and it is common to see them drop and die firom exhaustion on lilt 
roadside. Lord Erskine alluded to this evil in his day, whidiil 
undiminished by legislation, as a shocking abuse, *' because committei 
under tho deliberate calculation of intolerable avarice. I allnds Is : 
the piractice of buying up horses when past their strength, fromdl ' 
age or disease, upon the computation (I mean to speak literallj) of 
how many days* torture and oppression they are capable of hnag] 
under, so as to return a profit with tho addition of the flesh and 8U%'; 
when brought to one of the numerous houses appropriated for thi \ 
slaughter of horses." 

A section should also bo added to enable magistrates to dsstnf 
entirely worn out horses brougbt before them, and thus provide IM 
readiest and only effectual means for ending the sufferings of sock 
poor brutes. ^ 

Again, Icj^islation is needed for the prevention of cruelty is i 
butchers* slaughter-houses. This may be done in some meason hf i 
provisions which would open butchers' slaughter-houses for inspa^ i 
tion at reasonable hours, just as the houses of horse-slaughterers dov :; 
are accessible under this Statute to constables and other anthoiiaii I 
inspectors ; but the true remedy for the reckless and cruel behaviov -; 
of boys and men now cngagetl in private slaughter-houses will te j 
found in compulsory enactments for the killing of animals inteaM J 
for human food in public abattoirs. This remedy is needsd m I 
sanitary grounds and for security against impure fbod, but it is abis^ ^ 
lutely necessary to correct the heddlessness and riotonaness of tki 
English butcher boy*s education. In private houses eraeltyfrncdlei 



By John Colam. 325 

korrora of which the hum&u heart can ecarccly coaccire. 
B Ihem public and the public eye alone vrill impose a ealutary 
k on the coD^uut of butchers, drovers, and others engaged therein. 
If it is time that public abattoirs were ert^ctcd at lenst iu the 
ppolis, and that Englaod, whilKt boastiog of hvr advanced 
Uity and her Christian propagoudism, should toko aleps to pre- 
cnormities, the recital of which would make heathens shudder, 
battoira have existed for years iu contiueutttl cities, and ia some 
ir own Urge towne, and doubtless would have Iteen erected ia 
Ion hut for our worship of parish bofirds snd vested interests. 
)ere are undoubted practicul dilhculties iu the way, hut all these 
be surmounted by practical men. 

iiriug to, at least, an ambiguity and obscurity of this Statute, 
b«rle83 otfouders are acquitted during the year, who Imve been 
J of ntglect to their animals, many raagistratps (especially those 
Kendly to prosecutions for cruelty) contending titut an overt act 
I be }H'Oved to constitute an offence. Thus, n man may now 
old food from his dependent cattle until they die of starvation, 
» may permit milk to accumulate in (he udders I'f his cow 
Bh barbarity is called " overstocking"); or ho may expose, 
ig inclement weather, his slieep which have been shorn of their 
I or be may commit a score of other brutal acts of oniission, and 
!Ct to perform his most obvious duties — not everywhere, but 
ioly in those jurisdictions where magistrates have decided to 
rue the Statute as before described. 

{sin, tlio impounding clauses of the Act should be made to 

nl Pinders to provide slielter for imprisoned animals. The 

tite oondilion of brutes, penned up in parish pounds, without 

to turn their bodies, to revive urculation, and constrained to 

Bp to their hocks, in a slough of mud and excrement, 

dted the commiseration of many beholdets. What mora 

nble spectacle than such appearance of our pounds, and yet so 

of cure T Tbc object of these receptacles is the protection of 

tj — not the prevention of cruelty — and property should Iw 

on to supply needful f<lielter. Otlen this is n most serioaa 

when impounded animals are the auhjects of litigation, during 

I time they remain expoEcd iu a confined posiliou to the worst 

i, rains, and snows of winter. 

ftin, provision is wanted to punish physiologists and their 
Dia who may be guilty of needless ajid cruel experiments on 
lis, and to di<^qutdify alt persons, except those specially licensed, 
10 performance of operations on hviug creatures not reuderad 
SB by an onssthetic agent. The most distinguished medical 
Avour legislation of this character, and its hdoption would not 
onue a ce^ation of untold suffering, but would place a stigma 
I pDKUices which Aberuethy has denounced as " disgusting to 
ton decency," and tending "to harden the feeliogs of the 
lIor,"but which now obiuin immunity before the law, by plead- 
tn their behalf that sacred name, "Science." If we mK "0 



326 Protecttm of Animah. 

Science ! Avhat deeds of cruelty haye been done in thy name**— wW 
shall give answer to the question 1 

Finally, further powers are needed to reach the owners of animab 
for their foremen) who have committed their dumb, helplev di* 
pendents to labour while in an unfit state. Grenerally as JjH i 
Erskine argues — *' The master is the obvious culprit^" though he tm ; 
seldom be reached by the present law. The adoption of words in Hm 
2nd section which are used similarly in the drd section, and innri- 
ably employed in every Statute of the United States and Gansd% 
namely, ** did cruelly ill-treat, or authorise, or permit, or suffer to bi 
cruelly ill-treated," &c., such simple addition would absolutely enMe 
the officers of tho Society or police constables, instead of prooeedisg 
against the comparatively innocent driver or other agent, to briag 
under the penalties of this Act the true offender and *'ob?ioii 
culprit." 

The above recommendations have been enunciated from the Beock 
by leomed magistrates, and are founded on the long ezperioioa «f 
the Society, and of the police authorities engaged in enforemg tte 
Act, and I beg to submit they are required for the efibctual pretei- 
tion of cruelty to domestic animals. 

But the principal defect of the present law is the entire abseoeerf 
protection against tho most flagrant abominations perpetuated oi 
undomestic animals. 

liats are covered with turpentine, set fire to, and then ehssed 
until their bodies fall a calcined cinder. Foxes have several tiaa 
been hunted to death on three legs, the other limb having bees 
brutally chopped off by their pursuers. Otters, polecats, weasels, sal 
other vermin have been blinded by acids, mutilated in the mart 
savage manner and turned loose to die of suffering and hoogv. 
The eyes of birds are pierced with red hot irons and then confined ia ^ 
tiny cages until they die, and otherwise mutilated. Ferocious aaimdii 
undergo unheard of atrocities, in order to maintain necessary dii» 
pline and performing powers before gaping crowds at public exkibi* 
tions. The catalogue of these and like cruelties upon imdooMilis 
animals would weary and disgust you ; but I b^ to be allowed tostals 
that numerous instancee of the following shocking treatment flf 
rabbits have recently been placed before the Society, inqniied int^ 
and authenticated. 

*' An Enkmt to Game. — A new way of killing rabbits has bea 
devised by a farmer, near Tewkesbury, namely, setting fire to te 
gorse round a small warren in such a way that none of the nbUs 
could escape, it being fired at all points simultaneously. This ha 
did a few days ago, and wo understand that a young fox was ism 
afterwards wandering about suffering severely from the cfleeti sf 
fire. Rabbits were also seen for days after in the Deighboariiood-'^ 
some with their legs partly burnt off, others with their baeks borat 
and in a most pitiable plight, their cries being heartrending. This 
is surely a case for tho exercise of some of the provisions in Msiiia*a 
Act, and wo certainly hope the police will bring the efitedtn to 



i 



By John Colam. 327 

joilice. In a fox-hunting countr j the burning of foxes will scarcely 
be tolerated. If the poor rabbits did as thoir nature prompted them 
■■^ ta ke a little of this man's com — there were other moans of destroj- 
iag them, and plenty, unfortunately, of poor people who would have 
lam glad of one to put in their pot Let us hope such dastardly 
omdiict will meet with the condign punishment it deserves/' — Wov' 
mtlerskire Chronicle. 

Iq one case similar cruelty was enacted by the Chairman of a 
Geonty Bench, after which nearly 100 rabbits were found roasted to 
death. In a notorious case the Society took proceedings for the 
mk» of exposing the perpetrator, with what result the following news- 
ftper report will sufficiently inform you : — 

^A magistrate in Hampshire was summoned before the bench at 
Ilogsclere, charged with having, on Sunday, the 30th of January, 
* caused bis servants to cut off one of the legs of a fox/ This was 
done in the defendant's presence ; and, ' shortly after, while still 
bleeding, the fox was taken out and hunted.' It ran about two 
buidred yards, when the hounds killed it. The Ciiairman severely 

SHurared Mr. *s conduct ; but said that, ' as a fox is not a do- 

■estic animal, it does not come within the meaning of the Act for 
tke Prevention of Cruelty to Animals,' and ho dismissed the case." 

Well and truly might the raven say in the Oriental fable, *^ I per- 
ceive what the power of evil is — it is clear that man, insatiate man, 
is oor devil." 

The student of history will some day account^ as one of the most 
extraordinary features of English humanity to animals, the cruelty 
to iMdomestic animals, which the law tacitly sanctions. He will ask 
** Why 'were those creatures denominated ^ercs nature excluded from 
the operations of the Statute t Why was a chicken protected and a 
wild fowl tortured ? Why a house-cat was considered an animal and a 
wood-cat not ? Why a dog is an animal, and a fox, a wolf, or a jackal 
ii not ; why a mule is an animal, and a zebra not ; why a lop-eared 
nbbit is shielded from lU-treatraent, while a warren-rabbit may be 
nested to death ? Should not the law invariably protect the weak 
against the strong, and prevent the invasion of individual rights 1 " 

The tendency of law-givers is ever to protect themselves, and 
hence certain animals which are not property have been protected 
as property, and animals which are property have been effectually 
protected as property — ^less on the score of humanity than of that of 
peconiary interest ; for example, punishment for wounding a cow 
naj be seven years' imprisonment under the *^ Malicious Injuries to 
Property Statute," (t.«., for the protection of the owner's interests,) 
whiie the punishment for the same act would be only three months' 
imprisonment under the Cruelty to Animals Statute (t.£., for the 
prolactioii of the cow). 

Ii then, cruelty, which Montaigne hold to be the worst of all 
vieeSy and which is twin with murder — is such cruelty of less oc- 
eoaat in English morals than theft ? Surely not. But maybe it is 
contended that animalS| like women, have no rights. 



328 FrotecHtm of AnimaU. 

Lord Erskino puts this point with marked indignation — ** Animali 
are considered as property only — they have no rights." And k 
this selfish consideratioD seems to have resided the principal cmm 
of the indifference shown by our Legislature towards wild animak. 
Erskine saw that he would struggle in vain for the protection of al 
animals. 

He says, it may be asked why the enacting part of this Bill ** fidh 
so very short of protecting tlio whole animal world." The aosmr 
is — *' I have gone as far as I dare at the present moment, and thi 
whole Bill might be wrecked by an impracticable effort to extendi^ 
but I shall be glad to follow others in the attempt," hence it wasthii l 
animals which are property became protected under two Statute^ 
while those which are not property were left entirely unproteeftei 

The condition animals have been left in by modem legislatioa 
reminds one of a story told of a respectable Guacho, who ezbortei 
Mr. Darwin, when riding in the Pampas, to spur his jaded steel 
Mr. Darwin represented that the animal was exhausted. '^Nenr -i 
mind," replied the Guacho, <' it is my horse I " With some difi^coltf 1 
]\Ir. Darwin made him comprehend that it was from motives « j 
humanity, and not from the fear of diminishing the value of a pieea - 
of property, that he was induced to forbear. '< Ah, Don Carlos P- . 
exclaimed the man, with a look of astonishment, ** what an idea ! " . 
It was, however, the common idea fifty years ago, when the authoe 
of ** Parliainentury History for the year 1826," presumed to teaek 
Sir Francis Burdett, Sir James Mackintosh, Martin, as well as Loid 
Erskine (all promoters of the new Bill), as follows :— 

'^ We maintain that all legislation on this principle is absurd aai 
vicious ; that the constitution (or the protection of the ri^its of 
human beings) ought to be the sole object of human legialatifA i ■ ; 
that no reason can bo assigned for the interference of the leffislatar : 
in the protection of animals, unless their protection be conneelai • ' 
cither directly or remotely with some advantage to man ; and thal^ . . 
therefore, that advantage constitutes the real and the only gromd . 
for the legislator's interposition." 

The Edinburgh Review does not expend its irony on the writer o( 
the above passage in order to expose his selfishness and ahamete ■ 
disregard for the claims of animals ; but simply twits him with a 
charge of ignorance in not having discerned that man's interest had 
been, up to that time, the sole ground of every argument presented 
to Parliament in favour of the Bill for the Protection of Animakr . 
Both the writer of the '* Parliamentary History" and his reviewer, as- ^ 
well as journalists of the period, entirely ignored the propositiQa 
that animali? have a clear and solid right to humane treatment tnm 
the hand of man. 

This is now conceded by our foremost writers, but only aa r^gaidi 
domestic animals, though if true as regards them, why is it not trae 
as regards all animals? Are not all animals placed under maa^ 
dominion, the domestic animals being those which he haa taoMd la 
subserve his own interest t Because the latter are valuable to hiiH^ 



y John Colam. 329 

promote bis pecuniary welfare, ia that the true ground for 
Be treatment T Arene lo be humane only for beuefila received 
. horses, cattle, and other useful creatures, auil for the social 
(B which are conoectod with domestic dogs or cats. Real 
Dity takea much higher ground than this, and imperatively 
ida that prutcciion should be accorded to nil God'^ senbitive 
ires, because itiey are sensitive. Bishop Butler says that if 
reaiuro be sentient, i.e., capable of suffeiiiig pain or eojoyitig 
ire, it is cause sufficient ^hy we should refrain from inflicting 

Kud should bestow on it pleasure when we may. That is euoU};b. 
need go no further," aajs another writer, " to seek for a pri- 
ground of obligation for mercy. Many other moiives may, and 
me in to enhance and modify this obligation ; but, etandio}; by 
_ it ia sufficient. If wo could divest ourselves of every other 
and even admit the dreadful hypothesis that neither man nor 
" had any creator, but came into existence by eome concourse 
nnscious forces ; yet even then — in a sunless, hopeless, fatherlets 
■—there wonid siitl remain the same duty, if the creature could 
■in, lo avoid inflicting it; if it could feel pleasure, to bestow it. 
Uinoi get below this principle. It is an ultimate canon of 
tl law — a necessary moral law (in metaphysical parlance) — 
■ W9 caunot even conceive the contrary, nor figure to our 
Ulions H world or a condition of things wherein the obligation 
ho fiuapended or reversed." 

Bc why should a broad line of dislinctiou bo laid down by our 
I regards our treatment of domestic and uadomestie animals 
itively ? Are they not each generated in the same wny. nourished 
tsamc way, and dying in the same way. Alike endowed with 
ioal powers, with emotions and moral sentiments, the broad 
!B between man and the brute are strikiug indeed. These, 
r, though they constitute the most obvious, form only a small 
(of such analogies. In common with ourselves, tbe brute pos* 
lh« five senses of sight, bearing, taste, smell, and touch, those 
to all knowledge, and they ai'e endowed sometimes with a 
of EODsibility unknown to man. In each are the functions of 
J and sight performed by organs esisiing in pairs. In both 
decay of the body repaired by means of tbe circulation of the 
wkidi is itself carried on by tbe mechanism of a heart, arteries, 
UDS ; and the blood is supplied by tbe same fuuctions of di- 
BssimibttioQ, and escrementation carried on in mucii the 
'»y in both. In each alike does that moat mysterious of 
the brain, seem to be the point of contact — the connecting 
'tween spirit and matter ; the seat of perceptions, ideas, and 
i; the spring of voluntary and involuntary motion; the 
between the mental will and the material limbs; aud in each 
lose wonderful functions carried on by means of an equally 
, rious nervous system. 

Intarch teaches us that " kindness and beneficence should be ex- 
\ to creatures of all species, and these," he says, " will flow 



880 Protection ^ Animals^ 

from the breast of a well-natured man, as streams iiofi 
oopions fonntain.*' 

'* I cannot conceive," says tho present Lord Stanhope, " 
man shoald wish to limit his humafiitj only to mankind. W 
it not, on the contrary, embrace the whole sphere of the crea 
to those animals whom we have it not in our power to befrii 

Another writer sajst — '^Perhaps one of the most cert 
that the true meaning of sympathy with nature is bei 
extensively recognized in our times is the visible spread of 
that every sentient creature ought to be treated with hnma 
as much as the members of our own species. As a coroUai 
advance of enlightenment which prevents us from mi 
lunatics and burning old ugly women, we have learnt, th 
universally, the propriety of consideration for all sorts of an 
reptiles; loathing and terror in the presence of hideous and o 
shapes has become exchanged for gentle pity. It is seen t 
dumb and helpless things have a capacity for something whio 
passes with them for pleasure. Who that has read can 1 
French poet*s picture of tho black, venomous toad, squattin 
on the edge of its stagnant ditch on a summer evening, and 
in its own humble way the calm of the surrounding scene 
are plenty of grown-up people of cultivation still to be f 
would scarcely feel that they were doing anything very 
they gave the poor monster a poke with a stick, or set a 
plague him. But there are fewer people now of this ini 
unreflecting devilishness than there were twenty years i 
the whole tendency of the modem spirit is to make su< 
fewer still. Respect for happiness, even in the rudest 
uncouth shai)e which we can imagine happiness as assumin| 
widely perceived to be one of the first of social duties." 

'' Hurt no living creature " was one of the laws of Tri 
Christians who adopt such maxim discover no motive moi 
than the reasons already given, that all animals, more o 
capable of suffering and pleasure, and are, more or less^ 
dominion. In such dominion resides our trust and their rigl 
says Lord Erskine, '' in the examination of their qualitie 
and instincts, we could discover nothing else but that adm 
wonderful construction for man's assistance ; if we found 
in animals for their own gratification and happiness*— no . 
to pain or pleasure — no grateful sense of kindness, no sufi 
neglect or injury; if we discovered, in short, nothing 
animated matter, obviously and exclusively subservient 
purposes, it would be difiicult to maintain that the domi 
them was a trust" — except as | regards property. But e: 
reverse is the case, and they have *' organs and f eelines fbr 
enjoyment and happiness " (See his speech in the Hoas€ 
before referred to). 

My conclusion therefore is : — The power which is del 
ps over the animal world is like every other gift of Prov 



By John Colaiit. S31 

vrdcej according to ibo rules of jiutico and mercy, and not 
iiDg to llie wautDU iustigutions of cruel caprice. Acting by 
I leave in God's stead, we mast govern Hia creatures with tlio 
' lienerotence wbich pervtides the culire being of Ilim from 
i wo luwu received iLu trust : — 



(y iilaughter animals for his sustenance ; lie may make war 

Ibem when ihey destroy liis property, and mar his comfort ; 

i; preaa Ihem into liia service, and compel tliem, within the 

of kBrnanily, to do his bidding. This aurely ia enough. It 

dee notiiiog wbicL can contrdmte to our real wantA and real 

aesB. All beyond, wiiiuh Irides with life and inflicta p&in, i4 

A Kud therefore wicked, and, as opposed lo the very nature of 

)eit]', cannot receive Uig sanction in ourselves. 

the above reasoning bo sound, it follows, that not only on the 

' of humanity to the animaU concerned, but also for the ad- 

g« of society at larj;e, the m^\s of our sUitutory law should ho 

ied to wild aniuuda. It has been abundantly shown that 

If towards such creature* extensively exists, and tbet the right 

cmel to them has almost settled inio a conviction. If anything 

needed to show the evil elfects of our present law on humanity 

' , it would be this fact of demoralizatiou. Let ua not be 

this prevailing cruelly to wild animals, even though kept 

'tut in check by the spirit of humanity to domes^c animals, is 

dl of stupendous magnitude. A great ancient teacher admoii- 

I his pnpila for the good of society and for their own happiness 

(o keep their hearU tender, and nothing can be more true than 

to take pleasure in the infliction of any kind of unnecessary 

t positively vicious, is dangerous, while it is equally true 

practice which, though not criminal in itself, yet wears 

tb« sympathising sensibility of a lender mind, niuat render 

HI nature proportionably less iit for society. 

It it may he contended lljat an alteration of the law would inter- 

Witli country sports. Not at all— not necessarily, certainly. 

" Animal World," where this subject has been discussed, an 

ia given to this objection. It saya, " Why are some only of 

I shielded by the lawt A solution of this mystery mnst be 

; in ihc nervous anxiety of our lagislalors, lest by their own 

ij should be restricted in the liberty to hunt and shoot for 

; ' but the blot on our Statute Book must be regarded as a 

at (to Buy the least) if the legitimate objents of sportsmen can 

laUy well secured witliout this partial and nnomalons legiala- 

Uamane sportsmen are piububly the most furious in abhor- 

of wouton cruelty, or of practices which are called ' unfair 

' Many of these men, watching the signs of the times, contend 

t would be better, instead of absolutely excluding certain 

Is which are victiua to their ' spoil ' from protection ngainat 



332 Repremon of Crime Summary. 

wanton craelty, to rely on the magistrate's definition of the 
cruelty, and thus bring all animals under the Operation of the 
As the magistrate is now guided bj public opinion in com 
obscure phraseology as re<rards domestic animals, so then as r 
others the recognized practices of society would haye immunity 
the law. Prosecutors are also governed by public sentiment, a 
move only in unison with a prevailing sense of justice. If \ 
so the fears of sportsmen need not prevent a more Christian, i 
as logical and complete, statutory protection of animals. 

But, at all events, if the contrary argument be insisted o 
defence of sport hns surely become desperate. Is cruelty to co 
to permit of sport ? Will tho extension of the Act to wild a 
prevent sport ? If so, why 1 If there be no cruelty in tl 
will remain — if there be, it stands condemned by this defence. 

Finally, let me close with Lord Erskine's instructive words 
contain the best argument I can conceive for the alteration 
H« says : — 

*' The cruelties which we daily deplore in children and in 
arise from defect in education, and that defect in education fn 
very defect in the law which I ask your lordships to remedr : 
the moral sense of the parent re-animated, or rather in thu 1 
created by the law, the next generation will feel, in the first di 
their ideas, the august relation they stand in to the lower worl 
the trust which their station in tho universe imposes on them ; 
will not be left to a future Sterne to remind us, when we pn 
even a harmless insect, that the world is large enough for both 



MISOELLANEOUS. 

The Hoy. W. C. Osborn, chaplain of the Bath gaol, i 
paper on '' Bestrictions upon Imprisonment under Bnmmaiy 
diction for Minor and First OfPoncos. ' ' * He said, in the prime 
mont of the reformatory school system, imprisonment, in add! 
detention in a reformatory school, was never contemplated, 
school was to be instead of the gaol, not an addition to it. Tl 
sequence of this had been that the number of children imprison 
not much decreased since the passing of the Hefonnatoxr £ 
Act, and there aro still nearly 10,000 children sent annuaUj 
^aols. Tho Reformatory Schools Act obliges the committing : 
Irate to sond tho child that is considered by him a fit subjeot : 
rofonnatory school to prison for fourteen days. He ahowe 
imprisonment in a gaol was a very serious matter, anc 
the imprisonment of children was wrong in principle, as n 
useless in practice. This sinning against the child was par 
its application, for it affected almost exclusively the {KMirar i 
of society. It produces more evils than it remedies. Th< 

• Seo Tronwtvmi, 1802, p. 52L 



1/umU(uuou«, 



333 



; or requira that either the poor bLouIcI be pimialied for 
rertj, or that Hie welI-t/>-do classes slionld bo diegraci-'d 
krooratioii. Ho was decidedly in favour, not of levelling 
it of leveUing up, not merely for the sake of the rich, but 
lake of the poor, or, in otlior words, adapting the law tn 
imetancea of the latter. He would suggest (1) that all 
attendnnt upon the puntshmont of offences under sununiiry 
on should be defrayed by public funds, as under recorders, 
I of Quarter Sessions, and judges ; (2) that tines should be 
led amording to the condition of the offender, as well as the 
(8) that tines might be allowed to be paid by periodic 
its ; (4} that those who are unable to pay the fines front 
)r want of employment be expected to give some oquiv&Iont 
r ftt the union-house, or some other public institution or 
roric ; (5) that on those unable to comply with those 
—children, aged, imbocile, and infirm persona— detention 
on house, or some punishment short of imprisonment be 
I (6) the mode of proceeding with children to be this, 
rther measures, that no chUd under sixteen years of age, 
ided for any ofi'ence punishable by summary jurisdiction, 
t oommitted to prison, unless the child had been previously 
d to a reformatory school. 

tev. W. C, OsBOEN also road a paper on "Seculoi- In- 
in Prisons and Unions." He said that before long they 
jrly hope to see every cliild in the country, under tie age 
e or thirteen years, brought under the instruction of a 
ettiT or schoolmistress ; hut what was to be done for those 
above that age, and adults, whose poverty or crime miglit 
em under necessary or compulsory dotoution ? Without 
ng upon the large proportion of inmates of prisons and 
les inat were unable to read or write, suiEcient had been 
rove that there were Bome hundreds of thousands of adults 
institutiona whose education had not only been neglected, 
I were without the elementary tnowlcdge which every 
Kuig might to possess, and which every civilised nation 

I give to their indigent and demoralized classes. The 
hv this condition of things rested with the magistracy and 
r guardians. The country was greatly indebted to those 
n for their honorary but latorious labours, and would be 

II greater obligations if they would aeriously conaidor the 
ft adult education for criminals and paupers in thoso 
institutions within the reach of their ofBcial influence, and 
e such Fteps as the imjiortance and magnitude of the work 
d from them. The Prison Act of 1863 doubdess authorised 
tig juBtioes to make adequate and ef&cient provision for 
ry aMUlar instruction in the gaols, and gave them power 
its application for the purpoae. But the Act, in ita re- 
rules for tlie secular instruction of prisonera, had been so 

ted that one of the most important means of reforming our 



334 Repression of Crime Summary. 

danfforous and criminal classes had been totallj neglected in soob 
gaols, and employed only as a form and a farce in others, h 
union-houses tne idea of employing schoolmasters and school* 
mistresses in the instruction of adults had been seldom entertsinod, 
although they contained oven a greater number of uneducated 
persons than the prisons, and although instruction could be g;iTeii 
m them in a more oifoctive and convenient manner than in gaols. 

Miss Mart CxiLPEifTEB read a paper on ''Certified Industtid 
Schools, and their Belation to School Boards." The writer stUed 
that these schools are related to reformatories in having the pofwsr 
of legal detention, and therefore being under the direction of thi 
Secretary of State, while, on the other hand, there is no prefim 
imxnrisonment, and therefore no stigma attached to the imnatjt 
She gave a brief history of the reformatory movement, shoviu 
the principle on which those schools were founded, and their olgsji- 
as pre^ientive institutions ; and enumerated some difficulties whuali 
had beset the schools in consequence of their peculiar positicm, aai 
showed how these might bo removed. It was partioularly wuom 
sary that the exact intention of certified industrial schools flhoiljl. 
be understood, now that the school boards were beginning a niw 
era in the educational condition of the country. They most not W 
considered as applicable to those children who have hitherto been 
sent to ragged scnools, or in any case as a remedy for simple desti- 
tution. For these last cases the workhouse schools should be nubil 
eligible; nor, in the other, should the country bo made to pay Itt 
per annum for thousands of children in our large towns, who migU 
be educated and trainod at the expense of a few pounds per amm 
from the local rates. They would, however, be most importurt 
auxiliaries to the school boards, if strictlv limited to those (mildrea 
who require absolute removal by day and night from their preieal 
influences, and if payment for such were enforced from pareniii 
In conclusion, she trusted that the difficulties which had arisn 
would in no way lessen the confidence of the public in them, or the 
due emplo3rmcnt of them by tho school boaros, and recommended 
the following as a means of removal of the difficulties: — 
(1.) Granting a certificate to such schools as are boarding schoole 
only without an admixture of day scholars, and withdrawing tiie 
permission for children to sleep out of the house except such ss am 
ro^larly licensed out. (2.) Strictly limiting the admission d 
children to such as come under the meaning of the Act, and nol 
extending it to cases of simple destitution. (8.) Using men 
vigorous measures to enforce payments on parents whose^iiUni 
are sent to industrial schools. (4.) Bringing workhouse sehooli 
under the management of a special board, elected for the pnnoee 
by the ratepayers, and thus introducing into the education of fltt 
children dependent on parochial relief that voluntair element wMeh 
has been found so successful in the certified industrial schools. 



^■F.nTT 



EDUCATION, 



eddcation op neglected ccildrem.* 
\lftfie Education of Neglfcted Children be best prwided for? 

ipiesdoii considered in rogaid to Industrial ijclioola and 
atioa to the School Boanls,) 

KAEY CAEPENTER retui a ^aper on tlie shove question, 
iper conunenced by remarlung that the neglected and 
Idren of the comniunity, and what should be done with 
kd buen a subject for the comuderation of the Afisociation 
I first Confess at Bimiinghom. in 1857. A quarter of a 
ago the wretched condition of thousands of children was 

vividly before the pubbc by the first attempt to establish 
Bchouls. It 'was repeatedly urged that whether the con- 

tiiese children was looked at &om the stand-point of 

btmerolence, or as a matter of hard, dry political economy, 
lit was the same. It was well known that moat of those 
erod such institutions wore grovelling in ignorance, low in 
and uncirilieod in manners. Beared in a pauper atmo- 
lepressed in spirit, a lai^ portion of them wotud themselTos 
long adult paupers, and become the progenitors of a 

degraded race. Others, whom a pound or two per annum 

(diciously might have rescued, were now coating the State 

per year in a reformatory,