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"ZTluh thought necessary . They had gone into great j * il and it was said that their scheme was a very good But he found that when they tried to follow it out , ° « s to make it practically work , they could come to no B 1 her conclusion than that the body intrusted with inter-« t should entirely take it upon itself , and in so doing + hpl would restrict persons going beyond a certain limit , ri having a cemetery near Woking-comraon , for in-* f nee they would prohibit that , or making the charge fr the ' right of interment so high that it should not be hie to be done ; they would impose fines or fees upon n nersons removing bodies out of the district ; and they whi
ould interfere with those feelings ch the . Bishop of Tendon so properly spoke of as sacred with regard to the PBDect which families wished to pay to the dead body of relation ; they would interfere with the liberty of action ? t jjat respect . Now , either of those things—either roming to Parliament to provide by a tax upon the whole ountry for e xtramural interment for London , or proposing that the Government should have in its hands the power of interfering with every family in this metropolis , and that no burial should take place without an officer ^ of the Government restricting or directing the mode in which it should be done—would , in the first place , rouse great public feeling against it ; and if a Government did it , there would be no week in which the Home Secretary , or whoever was at the head of it , would not be called upon to account for such a person ' s body being left too long , or why another had been removed in an unbecoming wav , and so on . Government had a great
deal to do , and undertaking to be answerable for the removal and burial of every dead body in a population of 2 000 , 000 was really a serious matter . With regard to the cemeteries , he believed those which they had engaged to buy , in order to meet any great calamity or pestilence that might befal us , were calculated to inter about 6000 in a year ; it was stated that the whole mortality of London amounted to 58 , 000 or 60 , 000 , and , therefore , they would evidently not supply the means of burial for the whole , and it would be necessary to go much further
and buy all the cemeteries . It was asked , why was not mething immediately done ? He would say the Government had not the power to do it . The Board of Health had supposed they should be able to procure money immediately to purchase the whole of the cemeteries ; they found themselves mistaken in that , and that it could only be done by applying to the credit of the Government . No power had been taken to purchase more than the two cemeteries , and it would require an act of Parliament to enable more to be procured . "
Specially appealed to by the Premier , Sir Charles Wood made a statement of the present position of the Board of Health , in reference to the purchase of cemeteries and of the Government in relation to both . '' In the beginning of the year he believed the Board of Health sent in a proposal to the Treasury , whose consent was necessary , to buy all the existing cemeteries , and an estimate which seemed to be very small ; he ( the Chancellor of the Exchequer ) made some inquiries through the Woods and Forests , and satisfied himself that the sum required would be three or four times as much as this estimate . It was , however , stated substantially that no good could be done unless the whole were bought . Then came the question , how the money whole matter
was to be provided . The having gone upon the principle that the Government was not to advance sixpence—there being no power in the act to do so—the question was how the board could borrow . They said they could borrow from assurance companies . They had proceeded all along with the full knowledge that the act contained no power for the Government to make advances , that that was not the principle of the act , and that they were not to have Exch « quer bills , but to get the money from other sources . Well , why could they not borrow ? Because they had no power of insuring the payment of a fee ; and they came to this conclusion , Unless we have the management of all the buiials in London and within fifty miles round it , with a oower of charging a fee upon every death , cannot
whether the corpse is buried by us or not , we borrow money . ' Now , that was a very serious power . It was near the end of the session , and he ( the Chancellor of the Exchequer ) thought it was a power which it was not reasonable , at the end of July or beginning of August , to ask Parliament to give . Unless they had that , the board aaid they were not sure of a suflioient income to enable them to borrow the money . However , power was applied for to warrant an advance of money to buy two cemeteries for which the board had engaged in negotiation ; and either or both might be taken . lie "light remark that in Edinburgh no one was buried within the city , but the whole wan managed by cemetery companies ; therefore , it did not B « em ho absolutely impossible to be done by private parties . "
I he 15 whop of London promptly replied that li wo were merel y to authorize companies to establish cemeteries , it would be very haid to prevent parishes from pur-< -liasin ^ grounds . And the following colloquy ensued . A ho Bishop of London continued . " However , the mutter must be left in the hands of the government . Hut if the objections of Lord John JtuHBell held good in their full extent , there was an end ( the- whole quention of extramural interment ; und , under such circumstances , be thought the Government should not have allowed the bill to pass . Lord John Russell did not think that . But the board hud fou-d that their original plan could not be carried into effect , and they had come to the Government for them- fresh powers . " The Chancellor of the Exchequer : These very strong Powers .
'Mr . Walsh suggested that there was a difficulty in Borrowing for want of permanence in the Hoard oi Henlth . "The Chancellor of the Exchequer observed that that Bai . tbecur « d .
" Mr . Godwin begged to ask how long this question was to remain in this unsettled state ? Lord John Russell said it must remain till next session . " The Bishop of London , as he rose with the rest of the deputation to withdraw , said he hoped the Government saw the importance of taking the earliest opportunity of having the question settled . " Lord John Russell , as he was also rising , said ( as we understood ) , that when Parliament met the Government would be prepared to state their views . " Mr . Godwin asked whether the deputation might assure their friends and the public that the Government felt the importance of carrying out the measure ? " Lord John Russell : We feel the importance of the object , but the manner of carrying it into effect is a matter for consideration . " With this extremely definite and satisfactory assurance the " deputation withdrew . "
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THE WOLVERHAMPTON COMBINATION CASE . —JUDGMENT . Judgment was delivered on Monday , in the Court of Queen ' s Bench , against William Peel , Frederick Green , George Duffield , Thomas Woodnorth , and John Gaunt , for alleged illegal combination to raise wages . The above-named "workmen were found guilty , it will be remembered , in the spring , before Mr . Justice Erie , for conspiring illegally to raise wages , and seducing workmen from the employ of
Messrs . Perry , tin-plate workers , of Wolverhampton . The whole of the trial will be found amply reported in the Leader of August 9 . Peel was the secretary of the National Trade Association , and , with Green , had been invited down by the tin-plate workers of Wolverhampton , to take part in the discussion relative to wages between the masters and men . Counsel were heard in arrest of judgment , and for a new trial . Mr . Parry appeared for Peel and Green , and the following dialogue ensued relative to the National Association .
Lord Campbell : Does it appear how the secretary and Green were paid ? Mr . Parry : One of the defendants tells me that they were paid by the National United Association 36 s . per week during their absence . Lord Campbell : I am most anxious that all workmen should have it in their power to get as much as possible for their labour ; but I must confess that I look with some alarm upon this general association sitting in London , dictating to masters what they shall pay their men , and levying contributions for the support of such a society all over the country .
Mr . M'Namara was with Mr . Parry , and merely wished to say that the purpose of the association in question was to protect the rights of the working classes , its objects were quite legal , and it waa presided over by a member of Parliament . The society had existed for some years , and no charge had ever been brought against it before . It waa as important that the working classes should combine to raise their wages as that the masters should combine , which it was well known they did , for the protection of their interests . Lord Campbell : And funds are levied upon all trades all over the kingdom ? Is that necessary ? Mr . M'Namara : Yes , my lord ; but it is perfectly voluntary . The members contribute lid . per week out of their earnings ; and the funds are distributed again among them when they are out of employment .
Lord Campbell : That might raise a fund as large as the revenue of some of the sovereign states of Europe . Mr . JusticePattetion delivered the Judgment , which is of great intercut to the working classed . It waa as follows : — " The object of the Legislature waa that all masters and workmen should be left free in the conduct of their business . The masters were at liberty to give what rate of wages they liked , and to agree among themselves what wages they would pay . In like manner the workmen were at liberty to agree among themselves for what wages they would work , and were not restricted in so doing by the circumstance that they were in the employ of one or other of the masters . The intention of
the Legislature was to mako them quite , free ; but , seeing that intimidation might be used to carry out , such agreements , it was enacted by the 6 th George IV , sec . . 'i , that if any person should by violence , threats , intimidation , molesting , or obstructing another , force , or endeavour to force any workman to depart from his employ , or prevent him from accepting employment , &c , lie should be liable to imprisonment for three calendar months . Most of the charges contained in the indictment referred to this act of Parliament , and charged a combination and conspiracy to do what waa forbidden by the act . It charged the defendants with conspiring , by threats , intimidation , molestation , and obstruction , to force the workmen in the MesBra . Ferry ' s employ to leave their employ , mid to prevent other workmen from entering into their employ , and to compel them ( the prosccutor »)
to make alterations in the regulation und conduct of their business . The offence did not consist in the combination to raise their wages , but in the use of threats , intimidation , molestation , und obstruction . In this indictment there wan no charge of any violence to the person or property of any person , and no evidence of that kind wan given at the trial . The charge was oho of using obstruction and molestation . Peel and Green were the secretary and delegate from the as « ociation formed in London , which had exixled for a great many yearn , and the object of winch wan to protect its members in asserting their rights against their inutiters . How far that might be a legal association the Court were not now called upon to giveun opinion , or as to the mode in which . tUo buuiueon of , the A » uuoiiUioii had boon oou ~
ducted . It seemed , however , that such an association , supported by large funds , was of a dangerous character , and might be used for bad and dangerous purposes . He ( Mr . Justice Patteson ) did not say that the association bad been used for bad purposes ; but that it might be so used . Nothing could be said in favour of those two defendants who had gone down into the country io interfere between the prosecutors and their workmen . It would have been much better if the parties had been left to themselves . The offence consisted in conspiring to do an act by unlawful means ; and whether or not there had been such a conspiracy was a question for the jury , who had determined that the defendants were guilty . The Court had no reason to doubt the propriety of that
verdict . When parties entered into such combinations with the intention of keeping only just within the law , there was great danger that some of their agents would go beyond those limits ; and they could not complain if juries came to the conclusion that such were the original intentions of the parties . Charles Piatt did not appear to have taken so active a part in this conspiracy as the others ; but Peel and Green were deeply concerned in the conspiracy . It had been said , that no threats or intimidation had been used ; but the use of express words of intimidation was not necessary . Green , the delegate from London , had stated that the society had £ 20 , 000 , and that , if the prosecutors discharged a man because he was a member
of their association , they could stop the supplies , and they would not have a single hand upon their works . That might be construed as a threat , even by a man of strong nerve . The placard signed by Peel , containing violent and inflammatory language in reference to what was termed the oppressive conduct of the masters towards their men , and crying up the conduct of the men as being temperate in every respect , might be construed in the same way . There was nothing , therefore , to lead the Court to doubt the propriety of the verdict , or to say that the case was not within the act of Parliament . The act provided that the offence should be punishable summarily by three calendar months' imprisonment . But this was an indictment at common law upon the
statute , and the offence was punishable with fine and imprisonment in the discretion of the Court . The Court could , therefore , look at what was a just punishment ; but , though they were not at all restricted by the act , would not ~ visit the offence with greater severity than it properly deserved . He ( Mr . Justice Patteson ) trusted the case would be a warning to the association riot to overstep the limits of the law in any respect . The sentence of the Court was , that upon all the counts of the indictment , except the sixteenth , seventeenth , and nineteenth , William Peel , Frederick Green , George Duffield , Thomas Woodnortb , and John Gaunt should be imprisoned in the goal at Stafford for three calendar months ; and Charles Piatt for one calendar month . "
Mr . Parry made an application to the Court for an order that the defendants should not be set to hard labour . Lord Campbell declined to make any such order . That was a matter for the justices . A nominal fine of one shilling was then imposed upon the defendants upon another indictment ; and , upon an application being made that those of the defendants who lived in London should not be sent to Stafford , * Lord Campbell refused the application , saying that he thought the ends of justice would be best answered by imprisonment in that part of the country in which the offence was committed .
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LORD SHAFTESBURY ON THE BITTER OBSERVANCE OF THE SABBATH . Lord Shafteabury was the hero of a meeting at Mancheater , on Monday , the object of which was to establish a society to be called " The Manchester and Salford Association for securing the better regulation of public houses , and other places of entertainment . " Mr . Samuel Fletcher presided . After the lucal speakers had dwelt specially on the objects of the association , which promised to have the substitution of innocent pleasures in the place of vicious dissipation for its aim , Lord Shufte . sbury was called upon to speak . One portion oi' liis address , having relerence to the observance of the Suhbnth , and the amusements of the people , is , worth recording : —
" Connected with the speech of the reverend gentleman who spoke last ( Reverend W . M'Kerrow ) , I will mention only one fact , because that also comes within the range of objects at present U' dvr your consideration . I allude to the efforts made for the restriction of Sunday trading . He stated that many of those whom he met and wpoke to on the Bubject , said that they would be happy to cea . se from Sunday trading , could their neighbours be induced to do the bume . Now , I know there are many persons who differ us to the propriety of introducing legislative interference in this question . I » in not K K to 8 UV whether I think it advisable or not . I only wish to mention thin fact to show the great result which , would ensue could we , by Home means or other , in-Subbathinuktit
duce the better observance of the — : , an it ought to be , a duy of repose of body and soul . Tliis is a fact stated to me by a near and intimute friend of mine , a clergyman living in one of the great parishes within three miles of London . He had in his pariah a Kcntleman who was the proprietor of a vast number of omnibuses , which invariably ran on a Nunday , and neither he nor his family ever attended a place of worship ; but , by the exercise of Inn influence , my friend the clergy man persuaded him to attend a place of worship , and to make the experiment and see the result of (( topping the running of his omnihusen and the constant employment of his men on the Lord ' s-day . At the end of the- year he cwmo to my fmnd ; ho hud been , during
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Nov . 29 , 1851 . ] ftf ) t HtHtftt . 1129
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Citation
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Leader (1850-1860), Nov. 29, 1851, page 1129, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/l/issues/vm2-ncseproduct1911/page/5/
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