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106 THE STAB OF FKEEDOM. September 25, 1...
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THE NEW PALMERSTON CRUTCHES. To the Edit...
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THE LAW OF MASTERS AND SERVANTS. To Rich...
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A Sharp Retort.—A eelebaated barrister o...
Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.
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Transcript
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Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.
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Shall Britain Be Conquered? The Present ...
miserable impotence , at the mercy of any adventurer who is cunning enough to elude the ships in the channel and to land on our shores . Besides , the same writer asks , " are we still to regard Frenchmen as a nation of bandits ? " In his antiwar indignation , however , he entirely forgets that effectually , at the present moment , the French nation non est ; but that the sovereignty of the nation is usurped by an adventurer , whom we justly enough regard as a bandit , since he has clearly proved himself to be one .
This insensate refusal to see danger may be in accordance with " peace" principles , but it can scarcely be said that it is in accordance with the spirit of patriotism . If Louis Bonaparte really entertains an intention of invading this country , an intention , the existence of which , we can scarcely doubt , it must be a source of great satisfaction to him that the people of this
country have too much faith in his honour , to give themselves the trouble to prepare for giving him a warm reception . But from the bellicose article in the Constitutions , it would appear that M . Bonaparte has no fear of the English people , nor anticipates any opposition on their part : the eludement of the fleet and of our handful of soldiers being all that is deemed necessary for ensuring success .
In calculating the chances of Bonaparte in a hostile expedition against England , we must never forget that however much he may be hated and resisted by European legitimate Ivingcraft , none of the northern powers would be sorry to witness the abasement of England , which they believe to be a more redoubtable foe to the stability of their thrones than the empire-hunting Bonaparte . It is improbable therefore , that they would stir to avert Britain ' s peril , if they had an opportunity of doing so .
But a cheerless prospect is before us if the protection of our country from invasion and conquest is to depend solely upon continental despots , or the 192 , 508 hired fighters to whom theNonconformist so triumphantly points . The county will be safe only when the people are willing and able to defend it themselves . Would they but awake from their disgraceful apathy regarding !; their rights and their duties , they might
soon put it out of the power of Bonaparte or any other bandit to threaten their national existence ; for they would take measures f or obtaining immediate possession of the material power of the nation , which is theirs of right , and then set free European democracy—that young giant which was stunned and bound in chains , but not slain , a d which , Avith Britain ' s aid , would make short work with the despots and despotisms of the continent .
106 The Stab Of Fkeedom. September 25, 1...
106 THE STAB OF FKEEDOM . September 25 , 1852 .
The New Palmerston Crutches. To The Edit...
THE NEW PALMERSTON CRUTCHES . To the Editor op the "Star op Freedom . " Sir , —Some weeks ago I took occasion to remind your readers of the character of him who lured the noble brothers Bandiera to their bloody death . Since then I have done what I could to enable working men ( for I do not care for idlers ) to form a correct estimate of that over-rated quack , Mr . Richard Cobden . I have now to speak of Lord Palmerston , for whom some of' our friends' are hoping to form a party , —a formation the Ex-Secretary has not been able to manage for himself in all his near half
a century of office . This degrader of England came out as a Tory in 1806 , and was a Tory Secretary-at-War for nearly twenty years ; he then got a lift from Canning , during his four months' ministry ; and , at Canning ' s death , took office under the Duke of Wellington . Dismissed by him , he set up as a liberal , and stood forth as the propounder of a new liberal system of foreign policy—liberality at home was another matter—and so got his unfortunate place of Foreign Secretary in Lord Grey ' s Cabinet , and a field for his liberality to work in . That libera - ity was not too liberal ; it amounted to this : that all Europe
was to be constitutionalized on a Whig model , aud that England Was to interfere and -meddle for that purpose as far as she safely could . A very liberal policy indeed ; but yet the highest his lordship has ever aspired to , and the working out of which has well earned for England the contempt of every nation in Europe ; and the beginning of the liberal statesman ' s career well predicated the end . He began by helpin g France to set up a humbug constitutional monarchy in Belgium , at the same time helping in the betrayal of Poland . Another great exploit was the alliance with Austria aud Russia , to spite France , and to overthrow
the rising power of Egypt . Another was the betrayal of the liberals of Oporto—the deliberate inter-meddling to spoil the nigh-achieved victory over their worthless sovereign . He interfered again in Portugal for precisely the same purpose last year . And when 1848 brought revolutions to the doors of almost every European palace , what was Palmerston ' s conduct then?—he intrigued for the destruction of Italian liberty , intrigued and lied in Lombardy , and abetted , if he did not originate , the French expedition against Rome , cercerning which , too , he and his fellows did not mince their lies in Parliament . He agreed to
Russian intervention in Hungary ; he abandoned Schleswig-Holstein to the Czar ; hegaveupNeufehatel to Prussia ; his whole foreign policy , from first to last , has been to deceive , as far as he could , the continental liberals by villainously false promises , partly to get an occasional chance of startling some Whig monarchy for the credit of the home faction , partly to show what a wonderfully clever fellow he must be who could meddle nTeverything , and appear in turn useful to all . The West minster Review of April last , trying to write a panegyric upon him , can only acknowledge that his liberal policy was not one
whit more solid or more noble than that of his antagonist-Aberdeen . Lord Palmerston thought liberalism the winning side , aud abetted it just as Lord Aberdeen backed the Autocracy—neither cared for any ' abstract principle of right . ' The result has been that we have pleased neither the liberals or the absolutists of Europe . Foreign liberals remark that we played selfishly even when we helped them , ' and set all down to the beggarly and unprincipled calculations of a nation of shopkeepers . For this character we are indebted to the policy of our statesmen—Palmerston especially . To crown all , his lordship came out with his private and official admiration of the Prince of unchanged scoundrels , Louis Bonaparte . A nice
youth , this hoary old trickster and underhand servant of despotism , this ever unprincipled ex-Tory and out-cast Whig , to be put before our noses as the next Premier . Disraeli may be knavish enough , but surely we need not fall back upon the deserter of Poland , the betrayer of Portugal and Rome , and Hungary , and the admirer of the French convict . Has his conduct in home service been any atonement for his rascalities in the Foreign Office ? True , he was in favour of Catholic Emancipation , but be opposed the repeal o f the Test and Corporation Mis . Has he shewn any liberal ideas on the suffrage ? Has hevoM'for the C & arter ? Did he even vote against the flog * 0 qs'ffl [ W SSatW & j or againit the -i & ffoti , b ^ hfe colleague ,
The New Palmerston Crutches. To The Edit...
in April , 1848 , of the Felon Act of Charles II , against sedition ? Except with some vague chaff which no one can be fool enough to believe ( like most scamps the man is g lib of tongue ) , have his words , any more than his acts ever intimated even a desire to deserve well of the English people—the unofficial millions ? Why then should he be thrust before us as our ' coming man' ? Why should men , calling themselves democrats and friends of the people , stir themselves to put him up as the people ' s Prime Minister ? Who does ? my readers will ask . Ay ! who does ? Thornton Hunt , the eccentric editor of the Leader , the pupil
of the Church of England , communist Minter Morgan , the admirer of the ' pluck' of the French convict , and of the ¦ chivalry ' of the convict's' best friend' —the profligrate Count D'Orsay , the zealous member of the Chartist Executive , the accomplished vacillator between anarchy and absolution ; Lord Dudley Stuart , ' liberal' member for Marylebone , and patron of a few amnestied and unamnestied Poles ; Toulmin Smith , notorious for his unhandsome appearance in the Von Beck business ; Professor Newman , author of Phases of Faith , to which , possibly , he desires to add another chapter ; and Georc 4 e Jacob Holyoake , ' nontheist , socialist , chartist , household-suffragist ,
small satellite of the Leader , and professor of polite politics . ' These form the party , or the nucleus of a party , proposingfor the present privately , as seems advisable—to create a movement out of doors in favour of a Palmerston Ministry ; Palmerston as Prime , and Graham and Cobden as — accomplices . If , after some wary trial of their ground , they think it safe to proceed , the Leader and Co ., will canvass the scheme among the liberal members of Parliament ( such clear-conscienced men as the Hume ' s , the Jacob Bell's , and the John Williams ' s ) , and then endeavour to get up ' spontaneous' public meetings , to pronounce in favor of anew desirable triumvirate—Palmerston the trickiest ,
Graham the basest , and Cobden the shallowest . What think you , honest men of England , of this combination of talent ? and what think you of those who , affecting to be men of principle , can choosefor themselves a task so utterly disreputable ? As for Stuart , Newman , and Smith , the first has always been a poor Whig politician , and the scheme is in everyway worthy of him ; the other two are also poor politicians , if not Whigs , and so may stand excused , —for folly rather than knavery . But what say you to the two members of the Chartist Executive , who ought to be democrats and men of principle , lending themselves to so vile an intrigue ? Before you , I charge them both with this dishonesty .
Spartacus , ( W . J . Linton ) . [ We had hoped that hint Saturday ' s Leader would have published some words from Messrs . Huntand Holyoake , disavowing the sentiments containedin the libellous attack upon the Revolutionists of Europe , commented on by LAmi da Peuple in last Saturday ' s Star of Freedom . No such disavowal appeared ; and unless Messrs . Hunt and Holyoake can announce their non-connexion with the editorial staff of our contemporary , they must be held responsible for the " slang " and slander fulminated by
the Leader ' s " present conductors . " They are now called upon to vindicate themselves from the serious charge brought against them by Mr . Linton , We have refused to believe , we declined to give publicity to that charge , until we received the strongest assurance on the part of Mr . Linton that he had ample and unimpeachable evidence to substantiate and make good his accusation . Still , for the present , we must suspend judgment . Though disgusted at the conduct of " the present conductors of
the Leader . " we cannot adopt Mr . Linton ' s accusation : we the Leader , " we cannot adopt Mr . Linton ' s accusation ; we must cling to the belief that he is seriously and sadly mistaken . Be that as it may , we offer to Messrs . Hunt and Holyoake the free use of our columns through which to give publicity to their defence or reply . —Editor Star of Freedom . }
The Law Of Masters And Servants. To Rich...
THE LAW OF MASTERS AND SERVANTS . To Richard Con den , Esq ., M . P . Sir , —My reason for addressing this communication to you is , that you , above all other men in the present parliament , are bound by consistency to those general ideas of free trade with which your name is identified , as by the more sacred claim of justice and humanity , to take up this question , to desire a remedy for the evils of which I complain , and by your great influence to demand the repeal of an enactment , at variance with all other recent legislation , with every recognised principle of political economy , and every idea of equity between man and man .
I have stigmatised the Master and Servant Act , as a measure inconsistent with every received notion of political economy . We have been oftentimes told—so often , indeed , that we accept the proposition as an axiom , and cease to question its truththat supply and demand should be left to regulate the labour market ; that all legislative interference between the employer and employed is productive of mischief ; that the contract between master and servant is essentially a personal and a civil one . But is this doctrine recognised in the preamble of the act to which I refer ? Certainly not . On the directly
opposite principle is that enactment based . It recognises the divine right o f capital , and gives it peculiar privileges which are denied to labour . I may illustrate this by an example . I will suppose that Richard Cobden , as master , has engaged—either verbally or in writing , by himself or his agent—with John Stokes , as workman , to toil six days in the week for a given amount of wages—say ten shillings ; that John Stokes , after , perhaps , working several weeks on these
terms , violates this compact or agreement ; What is Richard Cobden ' s remedy ? Why he can take John Stokes before any of her Majesty ' s justices of the peace , and this magistrate can commit John to prison with hard labour—to a felon ' s punishment , for having broken faith with his employer . Now , let us turn to the other side . Suppose Richard Cobden should , after a few weeks , re f use to employ John Stokes the workman , or to pay him for work performed , or in any other way to shirk the contract he has made . What is John ' s remedy ? He can sue
Richard Cobden m a civil court , or he can take him before a magistrate , but however flagrant may be the injustice perpetrated by the master , a magistrate can only levy execution on his goods and chattels—a master ' s person is sacred , and his liberty cannot be restrained . Now , sir , I want to know if this is political economy—if this is in accordance with the general principles of law—if this is equity—this state of things is not inconsistent with the spirit of civilisation ? If John Stokes is to be sent to prison when he does wrong to you , why are you to escape if you do wrong to him ?
Another serious evil in the law o f master and servant as it stands , is the great uncertainty of its operation , the large and dangerous discretion it allows to the local magistracy . But it may be argued that I am dealing with imaginary evils—that although the statute exists , it is practically inoperative in most parts of England , and that the extreme power—that of imprisdnment- ^ is seldom earriei out upon the workman . Permit m fr the first place to t & ply , that although it is not , and to
The Law Of Masters And Servants. To Rich...
not be inforced in the metropolis , it is most rigidly acted in the manufacturing districts , where the press is even , ? ° truculent than in London , and police courts less under the ° ! and influence of public opinion . That its most extreme pen ? ties—imprisonment with hard labour—are daily inflicted u men whose only crime is that of having for . * daV ) 0 J . ^ P 01 ' day , absented themselves from the mine or workshop , or as ti * law has it , " neglected work without lawful permission ' lc excuse . " The provisions of this odious enactment arc mo ^ over carried out with a degree of recklessness that would ^ be permitted in the case of any other section of society ]! ° E the working class , and it is strained in a manner unlike » . other act of parliament , except perhaps the Vagrant Act ? - the aldermen of London . There is a wise and salutary dw ^ or principle that no one law shall be warped or bent to serve th purposes of another—that if the provisions of any laTr , ! found incompetent to meet an exceptional case , the ' i ) aJJ offending , or supposed to offend , shall have the benefit of th
circumstance , and that no other law shall be strained from -1 , original design to punish an offence not clearly within Wain * or not contemplated by the legislature in passing it . B ^ J . ^ 1 ' like many another equally excellent and humane prin ciple of English jurisprudence , is set at nought every day and almost every hour by both the paid and the unpaid magistrates of th kingdom . I have known cases that , if they involved office a ? all , in legal phraseology , ought to have been dealt with by tie combination law ; settled by the more summary and silent pro cess of '' committal to jail for one month , with hard labour »
I have known men provoked , by coarse and obscene insult ta withdraw from a factory without giving the requisite IcUi notice , and they have been sent to jail for " one month , -A hard labour . " I have known men—under legal advice—dispu te the construction of a written yearly agreement , but give notice in writing for one clear month to their masters , and then only withdraw from their employment , given in custody on warrant and sent to jail for " one month , with hard labour . " Ijmv (! seen a man taken into a small room—never before or since used for the administration of justice—the only persons present being his master , two policemen , the distinguished , learned
and humane representation of her Majesty—tlie magistrate ! his brother , the clerk , the prisoner , and your correspondent ' The last person was an unexpected visitor , who had demanded to be present . Tlie doors were closed—the master ' s evidence was taken without cross examination—the prisoner was asked what he had to say , and replied that he left his work because of a scrofulous sore upon his arm , which prevented him tVom working . The poor fellow was without attorney , without a friend , and had no opportunity afforded him to send for a doctor , and thus establish his defence . He did indeed offer to expose his arm in the room , but the justice declined to allow this
pettishly exclaiming : "I don't want to see your sore arm . " This same learned gentleman then turned to the employer , and asked : "Is it so , sir—do you believe him ? " "No , sir , I don't believe a word of it ; I believe he wanted to get drank , sir—he often gets drunk , sir , " & c ., & c , & c , replied the master . This little oration having been concluded , the magistrate turned again to the prisoner , and these were his exact words : " I ' ve
no doubt you ' re a worthless fellow—you wanted to get drunk ; I don't believe a word about your sore arm ; I shall send you to prison for one month , with hard labour . " Aud a decentlyattired , respectable looking man on this evidence , by what ' I must call a secret tribunal , with really no proof against him . and some prima facie inferences in his favour , was sent to herd with thieves and vagabonds—to endure all the bodily and mental tortures of a felon ' s prison for four mortal weeks . '
One other feature of " neglect of work" cases , is that no depositions are taken , the reason for which is obvious . I know that a very large number of these charges arise from drunkennessa sin I have no desire to excuse or palliate , but drunkenness is itself a statutable offence , and should be dealt with under the general police and other local acts which are fully adequate to punish this offence . The master manufacturer , the gentleman , or any other member of society may get drunk and expiate his offence
in the eyes of the law , by a payment of five shillings why should the poor man—the collier factory operative & e ., be marked out for heavier punishment ? How is that a slight and scarcely appreciable wrong * in one man , becomes so much more heinous in another ? If it be worse in one man than another , surely the man of wealth and education commits the wrong , and should be made to bear the heaviest penalty ; it is the gentleman and master that should be sent to jail and put to hard labour in a
prison . It is no answer to the dreadful cases I have referred to , to saj that they are exceptions to a rule . If exceptions , they are a numerous family , and arise out of the most dangerous discretionary powers vested in magistrates , who are often at least indirectly interested in the cruel system they practice . It is
high time that this irresponsible discretion was revoked . 1 < hi , Sir , are a free trader—" an absolute free trader , " a free trader in all things—including labour" as I have heard you more than once assert . You also profess to take great interest in the welfare of the people and for all these reasons you are bound to exert your unquestionably great influence to check this system of persecution and tyranny , by which I do not hesitate to say art
the selt-respect and independence of the industrial orders being rapidly undermined . I regret also to say that this act is a recent one , and its passage only a few years since was aided by "the school" to which you belong . But this ought not to deter you from the performance of an obvious duty , and the maintainance Of your general theory of free trade 111 labour . Let me therefore intreat that you will give this all important subject your earnest consideration , that you will take up tl , e interests of working men with as much ardour and perseverance , as you once prosecuted the claims of "the cottonocracy . " There must however be no compromise with justice hero—the present substitu
statute must be wholly repealed , and such a measure - ted as will secure fair play to master and to man . We nave thus afforded you an opportunity of rendering your name move honoured than it can ever become while your efforts are c ° ui 1 " ^ to a negative policy and the advocacy of class interests . * can , by the course " ! recommend , command the hearts and sympathies of the men , women and children of those hives oi nw ^ j try ; and when you are laid low in the earth , these people j \' bless your memory , and love to recount your good deeds on tn behalf . Allow me to add that no one will more readily ana ti'u ) bear testimony to your services than J * INDEX .
A Sharp Retort.—A Eelebaated Barrister O...
A Sharp Retort . —A eelebaated barrister one day e j ^ jier ing a witness , who foiled all his attempts at >* uleW , ready and shrewd answers , at last exclaimed : \ . , \ j e ;' brasi ' enough in your head , madam , to make a five pail- m " And sap enough in . yours , sir , to-fill it , " quiekly . retw the witness-.-- - • ' . ' .. ' / . ¦ -. ' ..-. ' < - •• :. •• ¦ ••>•*'• ' ;•;" . "" . ;
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Citation
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Northern Star (1837-1852), Sept. 25, 1852, page 10, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/ns/issues/ns2_25091852/page/10/
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